Top government official in massive porn binge - paid for by taxpayers

Competition Commission boss Shan Ramburuth spent tens of thousands of rands of taxpayers' money in one month watching and downloading pornography.

Ramburuth, who oversaw significant mergers such as Walmart and Massmart as well as investigations into anti-competitive practices in the construction sector, spent an average of R15 000 an hour on a government SIM card, some of it on hardcore porn.

This is in direct contravention of the Competition Commission's Internet policy, which forbids users to visit sites that show "any form of violence, pornography, explicit nudity sexual acts, gross depictions".

Less than a day after the Sunday Times sent questions to the Department of Economic Development about Ramburuth's porn habits, it was announced that he had resigned - with effect from tomorrow.

But Ramburuth said yesterday that he had not resigned.

"As far as I am concerned, I'm still talking to him [Economic Development Minister Ebrahim Patel] about it ... I have, in my discussions with him, discussed various options. I would like to conclude that with him before making any statement."

The details of Ramburuth's pornographic activities are contained in a forensic report conducted by consultants Paul O'Sullivan and Associates. The report was handed to Patel's office last month.

According to the report, Ramburuth visited 25 pornographic sites between August and November 2011.

In October of that year, Ramburuth clocked up a R123 000 data bill while overseas, using a government-issued SIM card . The single largest data usage was on October 15 , when he spent 291 minutes (just less than five hours) on pornographic websites.

On other days, Ramburuth started porn-surfing at noon and ended after 6pm. On October 6 he spent 156 minutes, or two and a half hours, on one website.

The report says Ramburuth visited "inappropriate sites which were of an explicit pornographic nature".

A letter signed by Patel's director-general, Jenny Schreiner, last month demands that Ramburuth hand over his government-issued laptop and iPad for further investigations into "excessive expenditure in respect of data usage". It is understood that his iPad was seized by investigators.

According to the report, the October 2011 invoice recorded an amount of R107 683 for "roamed calls", but since it "was a data card, 'calls' is actually data".

"The possible conclusion to be drawn is that the extremely high billing is due to inappropriate sites being accessed whilst the card was overseas and the downloading of the content therefrom ...

"Occasional use of the card whilst overseas could not have resulted in such a high charge, unless [Ramburuth] was downloading significant amounts of data," says the report. It adds that an examination of the computer used would be necessary to determine the duration and volume of downloads.

"[Ramburuth] therefore spent an average of R4 726.93 per day, based on 26 days [he spent] overseas, or R15 172.88 per hour based on assumed download time [of 8.2 hours while overseas]."

Months later, in July 2012, the commission paid a R104 000 bill for the same SIM card. This payment also raised suspicion, even though the forensic consultants believed that there was a period when the SIM card might have been stolen and used by crime syndicates for two days to make calls to countries such as Somalia, Bulgaria and Croatia.

In their report, the investigators suggest further investigation to "ensure that it was not as a result of negligence or agreement on the part of the card user. If there is evidence of negligence, the card user could be held accountable under the law."

Ramburuth yesterday said he had lost his laptop in July 2012 when the R104 000 charge was incurred.

He explained the R123 000 bill as the result of automatic software upgrades on his laptop.

"I don't think if I did or didn't watch porn ... that is not a dismissible offence. But if people feel that I have embarrassed people, I will deal with that appropriately. For there to be these dramatic things - that all of this amount was used for me watching adult sites - that is completely wrong.

"This is very embarrassing for me, as it is for my family and people in the Competition Commission.

"It's embarrassing for me ... for my family and other people. I apologise to everyone that I have embarrassed in the course of this."

He did not deny visiting porn sites. Ramburuth said he had offered to reimburse the department for the full amount.

It is understood that the investigation was sparked by complaints from staff about Ramburuth's conduct and leadership style.

Last month, employees held lunch-time pickets accusing Ramburuth of violating their rights.

Patel's spokesman, Manelisi Wolela, would not say when exactly Ramburuth had resigned.

"Following complaints received relating to acts of misconduct by ... Ramburuth, Patel initiated an investigation into his fitness as commissioner. Earlier this week, Ramburuth resigned as commissioner and as an employee of the Competition Commission with effect from October 21. In the interest of the Competition Commission, his resignation was accepted."

He said Patel would appoint an acting commissioner today.