The dark heart of state capture: Whistleblower flees after shock claims

23 October 2016 - 02:05 By THANDUXOLO JIKA and SABELO SKITI
subscribe Just R20 for the first month. Support independent journalism by subscribing to our digital news package.
Subscribe now

Sensational claims that go to the heart of state capture for the first time detail how a Gupta-linked company knew of the axing of former finance minister Nhlanhla Nene two months before it happened - and scored millions from state-owned companies for work it never did.

A whistleblower's affidavit to former public protector Thuli Madonsela lays bare how Trillian CEO Eric Wood briefed some of the company's top executives about Nene's axing during a meeting at its Melrose Arch offices in October 2015.

The whistleblower, a former CEO of a Trillian Capital Partners business unit who reported directly to Wood - which is owned by Gupta associate Salim Essa - has fled the country after revealing, in detail, an elaborate plan for Trillian to secure a number of lucrative contracts from the Treasury, including the nuclear deal.

The latest details emerge as Deputy Finance Minister Mcebisi Jonas swore in an affidavit to Madonsela that the Gupta family offered him R600000 cash on the same day they offered him the finance minister post. He said they also offered him a total of R600-million, to be paid in instalments, if he "agreed to work with us". Jonas said he declined the offer.

story_article_left1

When contacted, the whistleblower said she was living in fear and that her name should not be used. After she submitted the affidavit, she left the country.

"I did what I did as a concerned citizen of this country," she said.

In her affidavit she says: "26th October 2015, I was informed by my direct line manager, Eric Wood at Regiments Capital that the President of the Republic of South Africa was going to replace Finance Minister Nhlanhla Nene.

"He subsequently sent me an e-mail outlining National Treasury's new initiatives and his proposed fees for each initiative which he had drafted."

Nene was fired by President Jacob Zuma on December 9, a move that sent the markets crashing and the rand down to R15 to the dollar. Nene was replaced by Des van Rooyen, who only lasted four days in the position due to public pressure on Zuma, before being moved to the co-operative governance portfolio.

The whistleblower says she was shocked by another tip-off on December 9, a few hours after Van Rooyen's appointment, when she was told by Wood that her former colleague, Mohammed Bobat, would be appointed special adviser to Van Rooyen.

"Mohammed was a principal at Regiments Capital in the management consulting division, he reported directly to Eric Wood," she said.

"Eric Wood went on to say that Mohammed Bobat would appoint a team of experts with public finance sector experience and expertise at Trillian Capital Partners.

"Mohammed Bobat will channel all tenders from National Treasury and State Owned Companies to this team and he would subsequently provide guidance with regards to technical and pricing elements of any tender from that office," she said.

"In addition the new Minister would approve requests from state owned companies seeking approval for funding initiatives/transactions that National Treasury historically did not approve, like the issuance of Hybrid Capital by State Owned companies."

Bobat yesterday dismissed the whistleblower's claims against him.

story_article_right2

"I have never been employed by Trillian. I resigned on December 11. I had opted to take the 42 days of leave pay due to me from my previous employer Regiments over two months while the Department of Public Service and Administration approved my appointment.

"Minister van Rooyen called me post his appointment as finance minister and indicated that he is putting together a team to support him in his new role and that I should meet with him the following day, which was the day post his announcement as finance minister," said Bobat.

Van Rooyen's office through a statement said he had a long standing relationship with Bobat.

He said he had appointed Bobat because of his experience and "extensive network in the investment banking industry".

Also detailed in the damning affidavit is that:

Trillian CEO Wood shared an elaborate plan with her that involved Bobat channelling government tenders from National Treasury as well as state-owned companies. These included Eskom, Transnet, South African Express and Denel;

Regiments continued to employ Bobat while he was special adviser to Van Rooyen, even getting its driver to drop him at his office in Pretoria after doing work at Trillian;

The company lied to its partner McKinsey and Company about Bobat's status at Trillian after articles linking him to Trillian surfaced;

Trillian invoiced, at Wood's instruction, several state-owned companies a total of R51-million for work that was not done and without any contracts; and

At least before March and May Trillian conducted business relationships with Eskom, Transnet and SA Express without contracts or mandates from these organisations.

The whistleblower details some of the deals where Trillian scored millions, including a R5-million invoice submitted to state-owned airline SA Express for a capital-raising transaction that did not go through.

block_quotes_start The fundamental reasons for my resignation was the plethora of unreasonable, unethical, dishonest and possible unlawful instructions from my direct line manager Mr Eric Wood block_quotes_end

She also details how in February the company invoiced Transnet Engineering R10-million for work that could not have taken place as teams had only met to discuss the work earlier that month.

Wood yesterday denied that Trillian had been paid without doing work or without contracts, saying all the contracts mentioned were legally ceded to Trillian at the time he left Regiments.

He said these contracts, and others, merely carried on from Regiments Capital, which had been contracted as consultant for the state-owned enterprises.

The whistleblower is currently involved in a pending Commission for Conciliation, Mediation and Arbitration case against Trillian for constructive dismissal, after her resignation in June.

"The fundamental reasons for my resignation was the plethora of unreasonable, unethical, dishonest and possible unlawful instructions from my direct line manager Mr Eric Wood," she says in the affidavit.

According to the whistleblower, Bobat visited Wood's offices and those of his Gupta family business partner Essa in March this year.

full_story_image_hright1

"He [Wood] informed me that Mohammed Bobat would remain as the Minister's advisor for two years and would return to Trillian Capital Partners upon the expiration of his contract," said her affidavit.

"He continued going into the Regiments office, continued using his Regiments e-mail, access card and laptop, attended client meetings and continued being paid a Regiments salary. He was afforded the services of Regiments Corporate driver to Pretoria every morning to National Treasury. That courtesy continued when Van Rooyen moved to [co-operative governance]," the whistleblower said.

She claimed that when inquiries came from one of their business partners, McKinsey and Co, about Bobat's double dipping, they were instructed by Wood to not reveal the true facts.

Yesterday, Wood described the whistleblower as a "disaffected employee" and accused her of stealing confidential company information and fraud.

"We are at the point of instituting a criminal case," he said.

"While it is simply impossible to provide an answer in the unreasonably straitened period you have chosen to give the Trillian Group and me, we have a full and complete answer to the account ... her account is fundamentally false," he said, adding they would reply in full on Thursday.

story_article_left2

Wood and Regiments are embroiled in a legal case in which Regiments accuses Wood of leaking confidential information to Essa in order to steal lucrative deals belonging to Regiments.

The company claims in the litigation that this happened after the Guptas had failed to convince Regiments to sell a substantial stake to them. The refusal allegedly led to Wood exiting the partnership, taking some staff and contracts, and moving to Trillian Holdings.

He said the split happened because of a breakdown in his relationship with Magandheran Pillay. He had also filed a delinquency application against Regiments' directors Litha Nhyonhya and Pillay.

Essa has business links to the Gupta family through a number of businesses. He has been the subject of numerous reports over his links and partnerships with the family. VR Laser South Africa is owned by Essa, the Gupta family and Zuma's son Duduzane.

Essa also has links to the Transnet board through having once been a business partner of board chairwoman Linda Mabaso's son Malcolm - an adviser to Mineral Resources Minister Mosebenzi Zwane.

Wood denied any knowledge of Nene's removal or Bobat's appointment as special adviser to his successor, saying: "Mr Mohamed Bobat was an employee of Regiments Capital for about three years prior to his resignation from Regiments Capital on 11 December [2015]. Prior to his resignation I did not have knowledge of the fact that he was going to be an adviser to Minister Van Rooyen."

jikat@sundaytimes.co.za, skitis@sundaytimes.co.za

subscribe Just R20 for the first month. Support independent journalism by subscribing to our digital news package.
Subscribe now