State capture commission chairperson Raymond Zondo’s patience on Monday was tested to the last degree by an “evasive” former SAA board member and audit commitee chair, and ex-SAA Technical board chair, Yakhe Kwinana.
Kwinana was grilled about her involvement in tender irregularities that took place at the state airline during her tenures in the three positions.
In focus was her relationship with controversial businessman Vuyo Ndzeku, her approval of a contract awarded to Swissport without an open tender process, as well as the cancellation of a tender awarded to LSG Sky Chefs for SAA’s Air Chefs.
But what stole the show was her evasiveness to questions, and her hostility to evidence leader advocate Kate Hofmeyr.
Kwinana just did not care, even when Zondo on several occasions warned her to answer questions or risk an adverse finding by the commission, which could hurt her future prospects as a chartered accountant, a warning Zondo has never issued to any witness before.
Assisted by her lawyer Lindelwa Mbanjwa, Kwinana appeared like a witness who came prepared with her own script and was resolute in sticking to it regardless of where the commission directed her in its fact-finding mission.
“You are not doing justice to yourself. You are a pro, a chartered accountant. I do not know how many times I have explained simple things to be fair to you, saying please answer the questions that are being asked,” Zondo pleaded with her on one occasion.
“If I make an adverse finding against you as a witness, it could have far-reaching consequences to you as a witness. For your own sake please listen to questions and answer, do not tell me something you say I want to know which has not been asked.”
Kwinana was having none of it.
Hofmeyer told the commission that she would submit that Kwinana was an “evasive witness” not willing to answer questions put to her.
“It is evasive to you, but not to me,” Kwinana replied.
Quizzed about the cancellation of the contract that had been awarded to LSG Sky Chefs, Kwinana said she remained “proud” of the decision.
The multimillion-rand contract for catering services was awarded to Sky Chefs by SAA management on delegation of authority. That was until the SAA board, of which Kwinana was a member, reversed the decision — instead opting to give the contract to Air Chefs, a subsidiary of SAA.
Kwinana defended their decision, and even had an analogy for it.
“If my daughter sells fat cakes and someone next door is also selling fat cakes, why would I go buy next door instead of supporting my daughter?” she said.
When told that SAA had tried on several occasions to get Air Chefs to get its house in order because customers were complaining about their substandard service, Kwinana was not moved.
“I would not go next door and buy fat cakes and leave my child’s fat cakes here. Even if I had a challenge with them, I would say reduce the baking powder, add this and that so that it could be to the customer’s satisfaction.”
As if this was not enough, Kwinana also made another startling admission on the contract awarded to Swissport for ground handling services without an open tender.
She conceded that she signed off on it without reading the contract papers.
“I didn’t say this was a contract. I thought we were approving terms and conditions,” she said.
Kwinana further testified that she met people who had put in bids for contracts at SAA Technical before the tender process could be finalised. This because she did not see anything wrong in that, as long as the bid was not discussed in the meeting.
Kwinana will continue to testify on Tuesday, when she is expected to be grilled about allegations that she accepted a R4.5m bribe from Ndzeku, who was in business with SAA Technical.
Sunday Times Daily
