The Democratic Alliance (DA) says it will submit proof of possible counterfeit B-BBEE certificates to the State Capture Commission of Inquiry utilised by Gupta-owned companies to secure lucrative Eskom contracts.
Deputy president Justice Ramond Zando is the chairman of the Commission.
According to DA Shadow Minister of Trade and Industry, Dean Macpherson his party laid an official complaint with the B-BBEE Commission, headed by Zodwa Ntuli in March 2018.
“She agreed to probe claims of fronting and providing false information through B-BBEE authentications against Gupta-owned Tegeta Resources and Exploration, Optimum Coal Mining and Trillian Consulting,” said Macpherson.
Macpherson said these Gupta companies submitted certificates to Eskom during 2016 to secure contracts, meet internal procurement requirements and, with Trillian, to guarantee payment authorisations worth billions.
Trillian and Tegeta’s certificates demonstrate they may have distorted their B-BBEE status.
Their yearly turnover was conflicting with that of smaller scale endeavors.
They required the companies to have a turnover of under R5 million for the 2015/16 budgetary year as miniaturized scale ventures.
However, according to a 2016 note to investors from Oakbay Resources, Tegeta’s benefits were around R11 million, precluding it from being a smaller scale undertaking.
It was accounted for Trillian have a turnover of under R10 million every year except they paid it and McKinsey R1.6 billion between April 2016 and February 2017 for counseling work done in 2015 and 2016.
Tegeta and Trillian subsequently may have unduly benefited by the 0% black ownership waiver given to small scale ventures.
Macpherson showed that should this clear procurement manipulation by Eskom be criminal, the B-BBEE Commission will refer the matter to the National Prosecuting Authority or the South African Police Service for indictment.
“We trust that the State Capture Inquiry will consider the DA’s evidence as we try to expose the lengths that the Gupta’s went to in order to ‘capture’ Eskom.
“We assume that the State Capture Inquiry will consider the DA’s confirmation as we attempt to uncover the lengths that the Gupta’s went to with a specific end goal to ‘catch’ Eskom.
We are glad that the request is presently in progress, more than two years after they revealed State Capture,” said Macpherson.
“The State Capture project intentionally undermined the rule of law with the goal that corrupt elite could benefit to the expense of millions South African. All benefited from it must hold to account and persecuted,” added Macpherson.