Gupta associates on Transnet inside track

30 October 2016 - 02:01 By SABELO SKITI

A non-executive director at Transnet has been drawn into what appears to be a well-orchestrated scheme to channel millions of rands in state contracts to a Gupta-linked company. In a clear case of conflict of interest, Transnet board member Stanley Shane's company has helped Gupta associates to do business with the state-owned company.One damning WhatsApp message reveals Shane was once asked to review a proposal before it was submitted to Transnet.Shane, 45, chairs the Transnet board's acquisitions and disposals subcommittee. He is also one of several directors at capital-raising business Integrated Capital Management, which is contracted to do work at Trillian Capital Partners, which is linked to the Guptas.Since March, Transnet has paid Trillian more than R70-million for advisory services.Shane is a former co-director with Gupta-linked businessman Salim Essa in the now dormant Antares Capital. Essa is a majority shareholder of Trillian.story_article_left1He has said he has no influence over Trillian's relationship with Transnet. However, the Sunday Times has seen e-mail exchanges and WhatsApp messages from another ICM director, Clive Angel, which show the company worked on Transnet advisory service tenders on behalf of Trillian.On February 22, before Trillian Financial Advisory was registered, Angel sent a R10-million invoice to Transnet Engineering for professional fees. Trillian Financial Advisory, a subsidiary of Trillian Capital Partners, was registered only in March.A week before forwarding the invoice, Angel sent a WhatsApp message to a Trillian employee. It directed her to send a copy of the proposal - for which Angel then invoiced Transnet Engineering - to Shane for review before it was submitted.The message, which was sent on February 15, reads: "Please can you send me the document prepared for TE [Transnet Engineering]. I spoke with Eric [TCP CEO Eric Wood] and he would like Stan and myself to read through and add some input following our discussion with him in this regard. Thks Clive."The employee to whom the WhatsApp was sent later filed it as part of a disclosure to then public protector Thuli Madonsela.Last week the Sunday Times reported how the whistleblower, who was a CEO of one of Trillian's business units, alleged that Wood told her in October last year that Nhlanhla Nene would be removed as finance minister by President Jacob Zuma.Wood dismissed the allegation. He said Trillian had no links with Zuma's friends.The whistleblower has since fled the country, fearing for her life.This latest revelation lends credence to assertions that Trillian has benefited from its proximity to power, through Essa, to score contracts from state firms.Essa's links to the Guptas and Zuma include government defence contractor Denel's partnership with VR Laser Asia, a company owned by Essa, the Guptas and Zuma's son Duduzane. VR Laser is involved in a R10-billion deal to build and supply combat vehicles for the South African army.The acquisitions and disposals subcommittee that Shane chairs at Transnet has direct oversight of tenders for which Trillian bids.This is a clear conflict of interest, according to William Gumede, associate professor at the School of Governance at the University of the Witwatersrand. "There is a very clear conflict ... in government people often don't get what constitutes it.block_quotes_start You are advised that Stan Shane was not aware of the WhatsApp communication and had no input on the proposal document itself block_quotes_end"They think all you need to do is to tell people and stop there, [but] the issue is: even if you excuse yourself, all those people on the board know you," said Gumede.In her affidavit to Madonsela, the whistleblower explained she only learned Shane was a nonexecutive director at Transnet after receiving Angel's WhatsApp request. "So, effectively Clive Angel requested I send Stan Shane the Transnet Engineering proposal to review without me knowing his directorship at Transnet," the whistleblower said."I could possibly be implicated should there be any investigation. I am not in a position to confirm whether Stan Shane has declared his business interests and association with Trillian Capital Partners ... Nor declared that he reviewed the proposal and that Integrated Capital, where he is an executive director, is a shareholder of Trillian Capital Partners and receives monthly advisory fee from the Trillian Group."Shane this week distanced himself from Transnet work done by ICM for Trillian. He said his company - "a separate juristic entity" - had a long-standing relationship with Trillian.story_article_right2"As such, Trillian did not benefit from my position as a nonexecutive director of Transnet and thus by definition there is no conflict of interest."He also said the subcommittee he chairs would not have approved Trillian contracts because these fell below the R500-million threshold requiring board approval.He said he had no knowledge of any invoices submitted to Transnet by Trillian.Angel said he sent the invoice at the request of Trillian's chief financial officer. "Please be advised I have recently learnt that Transnet rejected the invoice."You are advised that Stan Shane was not aware of the WhatsApp communication and had no input on the proposal document itself. I, in my own view, held that the proposal was an inferior product," he added.Transnet spokeswoman Viwe Tlaleane said there was no conflict of interest involving Shane and Essa. "Mr Shane is not involved in Trillian's day-to-day running and business," she said.Trillian did not respond directly to questions sent, but issued a statement denying wrongdoing.This week Tokyo Sexwale, the chairman of Trillian, announced an independent investigation into allegations against the company.Trillian also insisted the former employee was not a whistleblower and accused her of stealing confidential company documents.skitis@sundaytimes.co.za..

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