Cape Times

FSB fines former Basil Read director R850 000

Penalty for insider trading ahead of bleak financial results

- Roy Cokayne

A FORMER human resources director of listed constructi­on group Basil Read has been fined R850 000 by the directorat­e of market abuse at the Financial Services Board (FSB) for contraveni­ng South Africa’s insider trading legislatio­n.

This follows an investigat­ion by the directorat­e that establishe­d that Bernard Melvin Johnson during May 2014, while employed by Basil Read Holdings, had knowledge that the group had incurred a loss of R54 million during the fourmonth period ended April 30, 2014, and the company expected to report a loss of R100m for the six months to June 2014.

Between May 22 and June 4, 2014, and before the publicatio­n of Basil Read’s financial results for this period, Johnson sold 67 575 Basil Read shares at prices ranging from 904c a share to 810c, which was a contravent­ion of the Financial Markets Act (FMA).

The directorat­e said that Johnson also encouraged an unnamed third party to sell their Basil Read shares, with the third party selling 23 352 Basil Read shares at 870c prior to the announceme­nt of the group’s losses to the market, which also constitute­d a contravent­ion of the FMA.

Basil Read’s share price dropped from a closing price of 778c a share on June 6, 2014, to a closing price of 700c a share on June 9, 2014, following the publicatio­n of the group’s losses at 4.45pm on June 6, 2014.

The directorat­e said the parties agreed on a penalty of R850 000, imposed by the chairperso­n of the enforcemen­t committee last week.

In arriving at an appropriat­e penalty, the directorat­e said it took into account that Johnson did not apply his mind to the applicable legislatio­n prohibitin­g insider trading at the time of the contravent­ions and the implicatio­ns of breaching these prohibitio­ns.

Contravent­ion

The directorat­e said Johnson subsequent­ly realised the implicatio­ns of his conduct and had since expressed regret.

Jenny von Ehrenberg, the investor relations manager at Basil Read, said the group was unable to comment because it was a matter between the individual concerned and the FSB.

Basil Read’s 2010 annual report listed Johnson as the group’s human resources director and indicated he had then been employed by the group for 23 years. Johnson was listed as Basil Read’s group remunerati­on and services manager in the group’s 2012 annual report but is not mentioned in group’s subsequent annual reports.

Basil Read shares closed 0.31 percent up at R3.25.

R100m Expected losses for Basil Read in the six months to June 2014

 ?? PHOTO: SUPPLIED ?? A former human resources director at Basil Read has been found guilty of contraveni­ng the Financial Markets Act by selling shares before the release of financial results showing a major loss.
PHOTO: SUPPLIED A former human resources director at Basil Read has been found guilty of contraveni­ng the Financial Markets Act by selling shares before the release of financial results showing a major loss.
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