Maritime authority’s acting head walks the plank

THE SOUTH African Maritime Safety Authority (Samsa) is throwing the book at its acting chief executive, Sobantu Tilayi, who was suspended in April last year, and now faces a list of charges after a forensic investigation report was recently released.

In a more than 160-page report, accountancy and auditing firm Morar Incorporated outlined numerous issues including allegations that Tilayi, overstepped his position and was implicit in corruption and cronyism, which risked the organisation’s stability and reputation.

The report noted there was a lack of clarity on his qualifications, the interference with the business of independent contractor South African Marine Fuels (Samf), facilitating payment for pals and improper appointment of executives amongst other things.

In a brief response yesterday, Tilayi said he was applying his mind to the matter. “It is my view that I should petition the public protector to stop this witch-hunt at the expense of the state,” he said.

The charge sheet from board chairperson Nthato Minyuku to Tilayi, in the appendix to the report, stated: “You abused your position of authority at Samsa by overstepping your duties and responsibilities from 2016, whilst acting as Samsa’s chief executive officer by interfering with the BEE (black economic empowerment) ownership structure of Samf, potential contractual arrangements between (Thamsanqa) Gcaba and Samf and interventions between Samf, Gcaba and other entities.”

The charge alleges that Tilayi abused his position of authority at Samsa while acting as Samsa’s CEO by divulging Samsa’s vision in a conversation with Gcaba, who was only one player in the industry, thus, giving him an unfair competitive advantage over other players in the industry.

In November last year, Samsa appointed Morar Incorporated to conduct an investigation into various allegations received from the Disabled People of South Africa (DPSA), which implicated Tilayi, Lesego Mashishi, the chief human capital officer, and Lolo Raphadu, the company secretary.

Raphadu also has some infringements to answer for, according to the report. This after he transplanted the signature of previous board chairperson Mavuso Msimang into a request for a R15 million transfer of funds from the Maritime Fund to Samsa, which had been at the instigation of Tilayi to boost coffers following the economic inertia brought on by the Covid-19 pandemic and subsequent lockdowns.

The DPSA subsequently withdrew the allegations last month after its board chairperson, Looks Matoto, acting on behalf of the DPSA, addressed a letter to an apparently fictitious Richard Kawie regarding the withdrawal of all legal action brought before court in the name of the organisation.

The report said Matoto indicated that legal action was purportedly carried out under his name, including some media statements, without his knowledge.

The investigators still pursued “new” allegations and whistleblower reports highlighting some of the issues raised in the DPSA matter, but contained numerous new allegations not relating directly to the three suspended executives, or the charges they were asked to respond to in September 2020, or the allegations on which they were suspended in April 2021.

Tilayi currently faces about eight charges of misconduct, including overstepping his authority, gross negligence or the dereliction of his duties.