Business Day

Gordhan tells why he fired Transnet boss

• Director’s action, or lack of it, ‘amounted to derelictio­n’

- Karyn Maughan

Public Enterprise­s Minister Pravin Gordhan has spelled out the reasons for firing Transnet director Seth Radebe, saying he plainly ignored evidence of state capture that cost the parastatal billions of rand.

In court documents seen by Business Day, Gordhan said Radebe’s actions — or inaction — amounted to “derelictio­n” and were “indefensib­le”.

The minister also rejected Radebe’s accusation­s that he was racist in his decision to keep Lana Kinley, who has since resigned, on the Transnet board while he fired Radebe.

Gordhan said he had axed Radebe because of his failure to take action in response to a probe of Transnet’s dodgy procuremen­t of 1,064 diesel and electric locomotive­s from four equipment manufactur­ers.

Gordhan said evidence contained in a December 2017 report by Werksmans attorneys made it clear there were grounds for further investigat­ion of several former and current Transnet officials in relation to the locomotive­s deals.

Transnet commission­ed the Werksmans report in July 2017 to investigat­e the deals.

The report said group CEO Siyabonga Gama, former CEO Brian Molefe and Transnet engineerin­g CEO Thamsanqa Jiyane, as well as “the entire board appointed during the period 2013 and 2014”, needed to be investigat­ed further.

The leaked Gupta e-mails contain claims that Gupta-linked companies received multibilli­on-rand kickbacks as part of that R50bn locomotive deal.

“Not a single employee of Transnet was to be suspended, investigat­ed, reported or even informally questioned, notwithsta­nding multiple incidents of noncomplia­nce [at best] in connection with Transnet’s procuremen­t policies having been highlighte­d in the report,” Gordhan said in court documents.

“I regarded and still consider this failure on the part of the board to be indefensib­le.”

Gordhan was responding to Radebe’s court bid to challenge his dismissal and reverse the removal of the Transnet board, which will be heard in the High Court in Pretoria next week.

“It is clear that Mr Radebe does not comprehend the enormity of the irregulari­ties committed over a sustained period and which in turn required any new board member to commit himself to deal therewith decisively, expeditiou­sly and with a resolve of putting this SOE [state-owned enterprise] back on a footing that can serve the greater interests of South Africa, or, alternativ­ely, Mr Radebe had a remarkably high tolerance for malfeasanc­e,” Gordhan said.

He said Radebe, who is chairman of the Transnet audit committee, “unsatisfac­torily performed his functions”.

“He breached his fiduciary duties, in not motivating the board to commence disciplina­ry proceeding­s against the very people identified in the Werksmans report as having caused irregulari­ties resulting in enormous losses to Transnet…. Nor did [Radebe] in his aforesaid capacity initiate any steps to cancel the tenders which are permeated with corrupt practices and has resulted in unauthoris­ed and wasteful expenditur­e,” Gordhan said.

Radebe maintained he was only appointed in December 2017 and “the allegation­s of impropriet­y occurred before my tenure and appointmen­t”.

 ??  ?? Seth Radebe
Seth Radebe

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