Financial Mail

Under investigat­ion

Watchdog will not get additional budget funding until probe into irregular expenditur­e is completed

- Claire Bisseker bissekerc@fm.co.za

The National Treasury has initiated a forensic investigat­ion into the Competitio­n Commission’s dodgy procuremen­t practices. The probe will dig into the financial affairs of the watchdog’s top executives to explore whether anyone is receiving kickbacks from external legal or IT service providers.

The investigat­ion, which will cover a period going back three years, has been sparked by the Treasury’s concern over the commission’s repeated overspendi­ng, findings of irregular expenditur­e by the auditor-general (AG), and media allegation­s over the commission’s suspicious procuremen­t patterns.

The commission will not receive its final medium-term budget allocation until the investigat­ion is wrapped up, which the Treasury hopes will be at the end of May. This means that an additional R125m earmarked to enable it to investigat­e cartels and anticompet­itive behaviour using its expanded mandate under the new Competitio­n Amendment Act, will remain on ice.

Meanwhile, the commission’s medium-term allocation has been cut by R32.4m and the wages of senior management have been frozen as part of the Treasury’s overall cost-cutting drive.

Details of the investigat­ion are contained in a letter from the Treasury’s economic services directorat­e to the department of economic developmen­t, which houses the commission. A copy of the letter was leaked to the FM.

The Treasury has confirmed the authentici­ty of the letter and that it has requested the economic developmen­t department to institute a forensic audit.

The FM has been at the forefront of media allegation­s against the commission, starting with an exposé last July which probed why Ndzabandza­ba Attorneys was being channelled so much commission work and whether a patronage network existed.

The Bryanston law firm was founded by Anthony Ndzabandza­ba after he left the commission, having worked in the cartel division for several years. He was suspended in mid-2015 by then deputy commission­er Oliver Josie over his work performanc­e but was reinstated by current commission­er Tembinkosi Bonakele while Josie was on sick leave.

It was subsequent­ly revealed through parliament­ary questions posed by DA MP Michael Cardo that Ndzabandza­ba’s firm earned almost R72m from the commission between January 2015 and mid2018. During the first two years of this period, the firm was channelled 70% of the cartel cases outsourced by the commission.

Quizzed on these issues in the portfolio committee on economic developmen­t late last year,

Bonakele became rattled and lashed out at the “interferen­ce” of politician­s and the “bias” of the media.

At the time, economic developmen­t minister Ebrahim Patel appeared reluctant to take the issue seriously, saying in parliament: “There are some challenges here and there that we must address, but in dealing with those we don’t break down institutio­ns in order to solve little problems that the commission may have, or to deal with the issues that the AG has raised.”

However, from the leaked letter it’s clear that the Treasury takes the matter very seriously indeed. It expresses “concern” that the commission accumulate­d deficits in the past three financial years of almost R150m, wiping out a surplus built up over many years.

These persistent deficits were incurred despite big budget hikes and many engagement­s with the Treasury about controllin­g its expenditur­e.

“Findings by the AG regarding irregular expenditur­e during 20172018, coupled [with] several allegation­s in the media regarding the appointmen­t of service providers, perpetuate [our] concern,” the Treasury states.

While Cardo is gratified that a forensic investigat­ion has been instituted, he fears that if it’s conducted by the economic developmen­t department it will be a “whitewash”.

 ?? Brett Eloff ?? Tembinkosi Bonakele: Competitio­n commission­er has lashed out at the ‘bias’ of the media
Brett Eloff Tembinkosi Bonakele: Competitio­n commission­er has lashed out at the ‘bias’ of the media

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