Mail & Guardian

Agency moves in on parastatal­s

With ‘political support’ and free of budget constraint­s, the companies registrar is making trouble for supposed untouchabl­es

- Phillip de Wet

It’s not coincidenc­e. It’s strategy. Last week, the Companies and Intellectu­al Property Commission (CIPC) gave the board of SAA a tight deadline to explain why Dudu Myeni — a chairperso­n with a legendary amount of political clout — was to keep her job at the airline until November, in violation of term limits.

The week before that, the CIPC was in court asking for Phumzile Tshelane, the chief executive of the Nuclear Energy Corporatio­n of South Africa (Necsa), to be put on probation for five years for taking advantage of a Necsa car and driver for his personal use. Tshelane is to drive the politicall­y important and expensive new nuclear build project.

The week before that, the CIPC confirmed it was asking hard questions of Denel chairperso­n Lungisani Mantsha about his apparent sharing of confidenti­al government informatio­n with the Gupta family — allegation­s that have seen no declared action by any other part of the government, amid murmurs that the family and its associates seem untouchabl­e.

The very fact that Cabinet ministers and police alike appear wary of individual­s such as Myeni makes them all the more attractive targets for the CIPC to pursue.

“You have to look at the highly charged, highly political ones,” CIPC commission­er Rory Voller told the Mail & Guardian this week. “You have to have these high-profile matters in order for the compliance nature and enforcemen­t nature of the organisati­on to be elevated.”

Nor is it an accident that a lot of the CIPC’s current high-profile enforcemen­t work deals with state-owned companies. Recently, his organisati­on noticed a trend of noncomplia­nce with corporate governance rules in state-owned enterprise­s, said Voller. The CIPC’s response: “We made a shift to say: ‘We are going to deal with this.’ ”

And so the CIPC, declared moribund more than once in the past, became the organisati­on that made Finance Minister Malusi Gigaba explain why he was keeping Myeni on at SAA — and may yet be the driving force behind more serious action.

The CIPC has never had a matter that required it to go to court and argue that a flagrant breach of a court order required criminal sanction, said Voller.

But it’s early days yet.

Until 2011 what is now the CIPC pushed paper, mostly company registrati­ons, through an administra­tive process — and did even that mundane task poorly. Scammers found that loopholes allowed them to register companies with names similar to those of corporate giants and fleece money from unsuspecti­ng clients.

In a few eye-popping instances, fraudsters even managed to remove legitimate directors of major companies and “hijack” them.

At the same time, it could take months for real company registrati­ons to be processed, with stories of bureaucrat­ic bungling rivalling anything in the civil service.

Various serious problems continued well into 2015, when opposition political parties warned that the CIPC was in danger of institutio­nal collapse, but the changes began in 2011.

In that year, changes in the Companies Act came into force, which turned the CIPC from an administra­tive body into a regulatory one, with powers to match.

Why did it take six years for those changes to flower into the pursuit of high-profile breakers of governance rules? Voller, who was involved in drafting the new rules and was either deputy commission­er or acting commission­er during that period, is coy. “The first thing we had to do was understand the mandate and capacitate the investigat­ive teams,” he said.

Events suggest that is only one part of the answer.

In April 2015 Voller’s predecesso­r, Astrid Ludin, resigned in dramatic fashion, saying she could not do her job without the political support of Trade and Industry Minister Rob Davies (under whom the CIPC falls) while the National Education, Health and Allied Workers’ Union danced on her metaphoric­al grave.

Voller was appointed acting commission­er, but was only confirmed in the job in September 2016, nearly a year and a half later. At the time, allegation­s of state capture were escalating while the Cabinet contradict­ed itself on the Gupta family.

Voller shied away from questions about his personal politics and simply laughed when asked whether he had made any trips to Dubai, but he was very clear about one thing: the CIPC can be inexorable because it has the backing necessary to call out anyone who requires it.

“We have total political support from our minister,” he said of Davies, who, in a frequently reshuffled Cabinet, has been in his post since 2009. “We keep the ministry informed of all our regulatory actions, especially the high-profile ones.”

Voller has similar high praise for Parliament’s portfolio committee on trade and industry, to which he reports and which he considers the “best-functionin­g” committee in Parliament under chairperso­n Joan Fubbs, who has also held that position since 2009.

It doesn’t hurt that, unlike almost any other government agency, the CIPC is not dependent on either Parliament or its government department for funding; it is self-funding through the fees it levies from companies in its administra­tive work.

With the money, the support, broad powers and a smoothly functionin­g organisati­on behind him, Voller has taken an implacable stance.

What will happen with Myeni and the corporate rules that say she cannot continue at SAA? “The minister [Gigaba] has given an undertakin­g to correct it,” he said.

And if that undertakin­g is not honoured? “We will continue to its necessary conclusion.”

“You have to have these highprofil­e matters to elevate the CIPC’s compliance and enforcemen­t nature”

 ??  ?? Bold: Rory Voller isn’t afraid to probe matters linked to state capture, unlike other state agencies. Photo : Delwyn Verasamy
Bold: Rory Voller isn’t afraid to probe matters linked to state capture, unlike other state agencies. Photo : Delwyn Verasamy

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