Business Day

Matjila probe finally gets off the ground

• Lawyers set up e-mail account for documentar­y evidence and invite whistle-blowers to tell all

- Jana Marais Deputy Editor

More than a year after allegation­s that put a cloud over Africa’s biggest asset manager, lawyers have asked for infor mation to assist with an investigat­ion into Public Investment Corporatio­n (PIC) CEO Dan Matjila.

Matjila was accused in an anonymous e-mail on September 5 2017 of failing to comply with procedures when he approved funding for a company linked to a woman with whom he allegedly had a romantic relationsh­ip.

The CEO, who has denied that the woman was his girlfriend or that he acted improperly, was also accused of asking a PIC beneficiar­y to assist her financiall­y. The controvers­y did not go away after the PIC board cleared him of wrongdoing.

The PIC is one of the key institutio­ns in SA, managing about R2-trillion on behalf of government employees.

The company, the biggest shareholde­r on the JSE, has come under pressure to be more transparen­t about its investment portfolio and decision-making processes. And it has come under fire for some of its investment­s, including its 25% stake in Independen­t News and Media. Finance minister Nhlanhla Nene said in July that the PIC was working on an exit strategy from Independen­t News and Media.

Boardroom squabbles over the handling of the Matjila matter led to two PIC directors quitting since the end of July.

Following an instructio­n to the PIC board by Nene in July, law firm Cheadle Thompson & Haysom sent a letter to PIC staff on September 5, urging potential whistle-blowers to send documentar­y evidence to a restricted e-mail account by September 7. Interviews could be set up between Monday and Thursday.

The investigat­ion will also focus on the role played by CFO Matshepo More in the awarding of R21m to Maison Holdings.

UDM president Bantu Holomisa, who took Nene to court to suspend Matjila and institute an independen­t investigat­ion, said the limited timeline suggested that the investigat­ion was “designed with a specific outcome in mind”. He also said

the executives should have been suspended, as PIC staff would not otherwise feel confident to step forward.

But advocate Geoff Budlender SC, who is heading the investigat­ion, said the request for informatio­n and the invitation to attend an “initial round of interviews” were only some of the first steps undertaken to collect informatio­n. These dates were not “cut-off dates” and all relevant informatio­n would be considered, even if received after these dates, he said.

They would “attempt” to meet the September 30 deadline for their report, as set by Nene. Budlender said investigat­ors “will take the necessary steps to protect the confidenti­ality of any whistle-blowers ”.

Any informatio­n not relevant to its investigat­ion would be passed on to the independen­t inquiry into the governance and structures of the PIC, which was due to be set up by Nene, Budlender said.

Nene said in July he would ask President Cyril Ramaphosa to establish an independen­t inquiry into the PIC, following the Matjila allegation­s.

This commission’s terms of reference would include “a review of the PIC’s governance and operating model, possible changes to the PIC’s founding legislatio­n and its memorandum of incorporat­ion, and investment decision-making framework”, Nene said in an August update.

According to the Treasury, the inquiry’s terms of reference would be “announced shortly”.

Holomisa said the inquiry should focus on broader issues than just the structures and investment policies of the PIC, to include specific investment­s.

“There have been nauseating exposes of some of the PIC’s investment­s. This is not about policies; it’s about money being wasted,” he said.

Recent controvers­ial investment­s by the PIC include its handling of decisions involving VBS Mutual Bank, which was placed into curatorshi­p earlier in 2018. Two PIC representa­tives on the VBS board, who were alleged to have benefited from the looting of the bank by its executives, have since left the corporatio­n.

The PIC has also come under fire for its purchase of a 29.9% stake for R4.3bn in Iqbal Surve’s Ayo Technology Solutions in December — an investment that is now more than R1bn out of pocket.

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