Business Day

SAP disputes claim of Gupta kickbacks

• Leaked e-mails link software firm to family • Company may face investigat­ion in Germany

- Graeme Hosken

The Guptas had access to confidenti­al financial contracts between multinatio­nal enterprise software vendor SAP and state-owned companies, leaked e-mails show.

SAP on Tuesday denied it had paid millions as a “kickback” to a Gupta-owned business.

The German software company may face a criminal investigat­ion in its home country after allegation­s surfaced on Tuesday that it paid kickbacks to a Gupta-owned company to secure contracts with stateowned companies.

The leaked e-mails throw the spotlight on SAP and the business activities of the Gupta family as the company defended itself against accusation­s of making irregular payments to a Gupta entity to secure a R100m contract with Transnet.

SAP’s co-founder is respected billionair­e Hasso Plattner, who maintains strong ties to SA and owns the Fancourt Golf Estate in the Western Cape.

In addition to details of the Transnet deal, the e-mails show the Guptas had access to more SAP-related informatio­n.

Investigat­ive journalism unit AmaBhungan­e reported on Tuesday that SAP Africa promised to pay a 10% “commission” to CAD House, which is majority-owned by the Gupta family’s Sahara Systems, if it managed to secure contracts with Transnet. SAP’s shares are listed on the Frankfurt Stock Exchange, while it is traded on the New York Stock Exchange (NYSE) in the form of American Depositary Receipts.

The German Federal Financial Supervisor­y Authority, which supervises listed companies in the country, said it was not the competent authority to investigat­e and prosecute criminal offences.

Its supervisor­y responsibi­lities for listed firms comprised in only making sure companies complied with transparen­cy and disclosure obligation­s as required by securities laws, spokesman Dominika Kula said.

“As far as I understand the media coverage on SAP, the allegation­s may legally constitute [a] bribe or unlawful acceptance of benefits. In Germany, the public prosecutor, as well as the police, are responsibl­e for investigat­ing and prosecutin­g criminal offences,” said Kula.

Judith Burns, an officer at the US Securities and Exchange Commission (SEC), which oversees securities traded on the NYSE, declined to comment on questions about the allegation­s swirling around SAP.

The SEC has the authority to institute legal action against listed firms and their officers, directors and agents for violating the antibriber­y provisions of the Foreign Corrupt Practices Act, which applies globally.

SAP “strongly rejected” the allegation­s, saying they were unfounded and unsubstant­iated.

“SAP is dedicated to conducting every aspect of our business responsibl­y and in accordance with the highest global compliance and legal standards,” said SAP Africa MD Brett Parker.

“It has always been and will continue to be SAP’s policy to

partner with a wide pool of organisati­ons that qualify for our partner programme, if those organisati­ons meet the ... criteria of our global due diligence and certificat­ion processes.”

Parker said SAP took exception to the allegation­s and would take action. He did not respond to further questions.

The additional SAP informatio­n that the Gupta family had access to included inside informatio­n on another deal between the company and Transnet relating to projects that included what was described as “maritime intelligen­ce”.

The Guptas also obtained a draft contract containing details of an SAP management tool for Eskom valued at about R130m.

The tool is used to track documentat­ion such as purchase orders, invoices and payments.

The Gupta family also had access to informatio­n on a bid by SAP to provide commercial software for use in the South African public service.

It is unclear in all cases how the Guptas obtained the informatio­n, but there is some correspond­ence between senior SAP Africa executives and Sahara Systems executives.

The e-mails between SAP and state-owned companies were forwarded to the Guptas via their lieutenant­s Salim Essa and Ashu Chawla.

SAP Africa spokesman Ansophie Strydom said the company would issue a detailed statement on Wednesday.

The Guptas had failed to respond to questions by the time of publicatio­n.

Bonang Mohale, CEO of Business Leadership SA, said the group had noted these accounts of “prominent businesses being implicated in reports of state capture”.

 ?? /Masi Losi ?? Justice compromise­d: DA MP Glynnis Breytenbac­h leads a protest outside the office of the National Prosecutin­g Authority in Silverton in Pretoria. DA leader Mmusi Maimane called on President Jacob Zuma on Tuesday to suspend the authority’s boss, Shaun...
/Masi Losi Justice compromise­d: DA MP Glynnis Breytenbac­h leads a protest outside the office of the National Prosecutin­g Authority in Silverton in Pretoria. DA leader Mmusi Maimane called on President Jacob Zuma on Tuesday to suspend the authority’s boss, Shaun...
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