In signing the deal with Aegean, Plan BEE replaced the Coega Development Corporation, which had thought it was going to be the South African partner.
The CDC, which had planned to include several community beneficiaries in the deal, confirmed it had been shouldered aside despite having secured an agreement with Aegean in late 2015.
"We are advised that it was a classic case of opportunistic hijacking of a much-fought-for business opportunity for the Eastern Cape by Gauteng-based black business," said Coega communications chief Ayanda Vilakazi.A consortium led by Chichi Maponya, one of South Africa's most powerful businesswomen, has been accused of hijacking a ship-refuelling deal that originally would have benefited students and poor fishing communities.
Maponya and her co-directors in Plan BEE Fuel Distributors have emerged as the South African partners in a joint venture with one of the world's biggest offshore bunkering companies, Aegean, to refuel ships off Port Elizabeth.
The deal was authorised last year by the South African Maritime Safety Authority, and so far almost a billion litres of fuel have been loaded in nearly 1500 transfers."We are advised that it was a classic case of opportunistic hijacking of a much-fought-for business opportunity for the Eastern Cape by Gauteng-based black business," said Coega communications chief Ayanda Vilakazi."They were favoured with inside information to usurp the transaction ... having successfully hollowed out the developmental and social impact intent," he said.TRAINEE SCHEME SCUPPERED
He said the CDC-Aegean deal would also have led to the setting up of a maritime training institute and cadet scheme to place trainee sailors on Aegean ships.
Shareholder certificates were drawn up for community organisations supposed to benefit from the deal. These included the Akhona Geveza Memorial Trust, named after a sea cadet who died in suspicious circumstances in 2010 aboard a training vessel. The trusts were never established.
Maponya, the daughter of Soweto shopping mall tycoon Richard Maponya, is the former chairwoman of the government marketing company Brand South Africa.
Responding to queries this week, she denied any wrongdoing and described the Aegean deal as a massive opportunity for the economy.
"This joint venture is indeed a game-changer for South Africa," Maponya said in a written response. "Ship business opportunities which were bypassing our ports can now be captured."NO CONFLICT OF INTEREST
Mokhele had initially refused an invitation to join the company as a director and acquire a shareholding "due to possible perceptions of conflict", Maponya said.
"However, we sought legal advice and were assured that he would be in no conflictual position; we then approached him again.
"We ... need his expertise in order to realise and extract for South Africa the full value of this and other potential business opportunities. It is our considered view that this is in the best interest of the country, the company and the maritime sector to have this knowledgeable expert and leader continuing his impactful contribution in building the oceans economy."
Mokhele referred queries to Maponya.
Several people close to the deal confirmed there had been a parting of the ways between Aegean and the CDC, despite lengthy negotiations involving visits to Greece to view Aegean's operations.
Samsa had been championing the deal for years to invigorate the maritime economy.
Aegean, listed on the New York Stock Exchange, was unhappy with the CDC's "unrealistic demands", several sources said.A senior maritime executive said Aegean headhunted Mokhele after the Coega deal turned sour. "They always wanted him. But he made it clear that he can't be a player and a referee. For me he had all the good intentions," this source said.
Johannesburg lawyer Jack Hajibey, who worked on the BEE partnership agreements for the deal, said Aegean favoured Maponya as someone who could add value. "They don't give away anything for nothing."
He described the deal as of huge potential benefit to the Eastern Cape and the maritime sector generally. "It is unbelievable what they have done in PE. Durban has basically moved to PE. It is booming," Hajibey said.
Aegean South African representative Kosta Argyros declined to comment on the reasons for dumping the CDC. He said Aegean was satisfied with the due diligence process carried out in November 2015, before Mokhele was appointed to the Plan BEE board. By law, Aegean only needed to know the identities of company directors, not shareholders, he said.
But another source close to the deal said the replacement of the CDC with Plan BEE in the deal left "a bitter taste". "How were those individuals selected and how did they get into the picture?"THE ALGOA BAY BUNKERING OPERATION
• Aegean Bunkering and Marine Services, 26% of which is owned by Chichi Maponya's Plan BEE Fuel Distributors, offers refuelling to ships anchored in Algoa Bay.
• It is the only company licensed to offer fuel outside port limits.
• Maponya's company is paid a consultancy fee for every litre of fuel transferred from barges onto passing ships.
• Several local bunkering stakeholders claim the operation enriches a foreign company and its BEE partners rather than benefiting the economy generally.
• More than 50 ships can anchor simultaneously in Algoa Bay, where the water is about 100m deep and access is easy for ships passing South Africa.
Offshore bunkering saves shipowners port expenses, which can be substantial...