The Citizen (Gauteng)

All smoke and daggers

COME CLEAN: TOBACCO FIRM’S SPIES ALLEGEDLY MONITORED COMPETITOR­S

- Ciaran Ryan Moneyweb

Batsa has also been accused of stealing commercial­ly sensitive documents like production schedules and invoices.

The tobacco industry can’t quite shake off its shady image. Johann van Loggerenbe­rg’s book Tobacco Wars lays out the field of battle and who the main players are. It’s a dirty business.

On November 4, the Fair Trade Independen­t Tobacco Associatio­n (Fita) served a Promotion of Access to Informatio­n Act (Paia) request on British American Tobacco SA (Batsa) to make public the findings of an investigat­ion into the cigarette giant’s alleged conduct several years ago against its smaller competitor­s.

In September 2016, Batsa announced it had severed ties with forensic investigat­ion firm Forensic Security Services (FSS), which has been accused of dirty tricks against smaller producers.

According to Tobacco Wars, FSS recruited ex-cops and spooks ostensibly to stop illicit trading in cigarettes, but one of its key tasks was to spy on Batsa’s competitor­s.

A key piece of evidence in support of this claim is an affidavit from former FSS employee Francois van der Westhuizen, in which he says he was told that all his actions – including the intercepti­on of communicat­ions and breaches of the right to privacy – were sanctioned by the law.

In hindsight, he says, Batsa to use his investigat­ive skills, with back-up from corrupt police and SA Revenue Service (Sars) officials, “to disrupt the business of Batsa’s competitor­s”.

The alleged reach of the FSS was astonishin­g, and included Sars, the Hawks, the South African Police Service, the Crime Intelligen­ce Unit, the Asset Forfeiture Unit, and the Customs and Traffic Control Policing Unit.

Batsa head of external affairs Johnny Moloto replied that the report in question “is legally privileged and was prepared for the purpose of British American Tobacco obtaining legal advice”.

“The contents of the report may be relevant to ongoing investigat­ions and litigation. British American Tobacco has made disclosure­s to the appropriat­e South African and other law enforcemen­t authoritie­s.”

Back to Fita’s Paia applicatio­n and its attempt to get access to Batsa’s internal investigat­ion into the now reasonably well-documented activities of FSS.

Its operatives are alleged, by former employee Van der Westhuizen, to have placed tracking devices on competitor trucks to monitor their frequency, type of stock and to see who was receiving the goods.

They intercepte­d phone calls, placed hidden cameras at competitor­s’ workplaces and homes, and followed their vehicles around.

The spies also stole commercial­ly sensitive documents, such as production schedules and invoices, and handed these to their FSS “handlers” who would then allegedly pass them on to Batsa.

The statement issued by Fita two weeks ago says that after the allegation­s of spying by FSS became public knowledge in 2016, Batsa had instructed three sets of attorneys in SA and the UK – Norton Rose Fulbright, Linklaters and Slaughter and May – to conduct investigat­ions into allegation­s against them.

It’s now more than three years since the investigat­ion was announced and the findings have yet to be made public.

Fita’s Paia request seeks to flush it into the open.

 ?? Picture: Bloomberg ?? PLAYING DIRTY. Former Forensic Security Services employee Francois van der Westhuizen says Batsa used his investigat­ive skills m ‘to disrupt the business of Batsa’s competitor­s’.
Picture: Bloomberg PLAYING DIRTY. Former Forensic Security Services employee Francois van der Westhuizen says Batsa used his investigat­ive skills m ‘to disrupt the business of Batsa’s competitor­s’.

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