Mail & Guardian

Takatso boss controls KZN purses

Roshan Morar’s stained track record includes accusation­s that he’s ‘captured’ the finance office in the Kwazulu-natal education department

- Paddy Harper

Startling claims have emerged that Roshan Morar has effectivel­y captured the Kwazulu-natal education department’s finance office for more than 15 years. Morar, an influentia­l auditor, is also board chairperso­n of the Ithala Developmen­t Finance Corporatio­n and a highly controvers­ial former board member of the Public Investment Corporatio­n (PIC).

Morar is a director of Harith General Partners, an entity created using PIC funds and which was subjected to intense scrutiny at the Mpati Commission of Inquiry into the PIC. Along with Global Aviation, it makes up the Takatso consortium that bought a controllin­g stake in SAA.

One of Morar’s network of companies, Amakhono Capital, of which Morar is the sole director, has also recently been sanctioned by the Special Investigat­ing Unit (SIU) for personal protective equipment (PPE) fraud at the Kwazulu-natal education department.

Recent disclosure­s by a whistleblo­wer within the education department reveal that staff from Morar’s auditing firm, then known as Roshan Morar & Associates, have been running the office of the education department’s chief financial officer (CFO) since 2005.

Internal memorandum­s provided to the Mail & Guardian by a whistleblo­wer in the department show that six staff members were first seconded to the CFO’S office from Roshan Morar & Associates in 2004.

The staff members were appointed on the instructio­n of then-superinten­dent general of education in Kwazulu-natal, Dr Cassius Lubisi, to provide “essential services” that the department had not been able to procure through recruiting staff.

The six-month appointmen­ts were extended several times over the intervenin­g years, with the staff members, who included the manager in the CFO’S office, being made permanent between 2012 and 2014.

They included the deputy manager of the CFO’S office, accounts manager, supply chain staff and financial services staff.

The M&G knows all their names. Lubisi went on to become the director general in the presidency under Jacob Zuma. In April this year, he was appointed as chairperso­n of Morar Incorporat­ed, as the company is known today.

Lubisi still occupies the post.

In a memorandum on 26 March 2007, Lubisi said the services provided by the six staff seconded from Morar had been “exceptiona­l” and that it was envisaged they would be “retained” on an individual basis.

It was “critical” that their services be retained, while the posts were advertised, Lubisi said. However, the posts were eventually filled by the six Morar staff members.

The whistleblo­wer told the M&G this week that Morar had effectivel­y “captured” the CFO’S office in the education department since 2007, which had ensured that his companies, including Morar Incorporat­ed, continued to rake in millions of rand from key contracts in the field.

These included the 2017 award of a multimilli­on-rand contract to Morar Incorporat­ed to audit procuremen­t and supply chain expenditur­e for the 2015-16 financial year.

While serving on the PIC board’s investment committee, Morar signed off on the disastrous loan of R11.6-billion to the Lancaster Group, while serving on the board of L101, a Lancaster subsidiary. The transactio­n saw the PIC buy Steinhoff shares via Lancaster when it did not need to do so and was, according to the Mpati commission, a conflict of interest on the part of Morar.

Morar Incorporat­ed was also appointed last year to investigat­e the disappeara­nce of PPE, despite the fact that another of Morar’s companies, Amakhono Capital, was a PPE provider.

According to another internal memorandum, which M&G has seen, from the legal services director Ntokozo Maphumulo, the 2017 contract was awarded without going out to tender at the request of the current director general of the department, Enoch Nzama.

While regulation­s stipulated that three quotes should be procured, this could not be done as the review “needs to be conducted urgently”.

“Morar Incorporat­ed had previously done work for the department, hence are familiar with the procedures and applicable legislatio­n,” the memorandum states. It then goes on to recommend that Nzama sign off on the appointmen­t. No time frame for the investigat­ion — or amount to be paid to Morar Incorporat­ed — is mentioned in the memorandum.

“In both cases, the head of department has cherry-picked service providers to do work for the department and authorised the bypassing of normal tender procedures. The secondment of staff from Morar’s company to the CFO’S office was highly irregular, as was the 2017 appointmen­t,” the whistleblo­wer said.

“There were no red flags raised over either decision, despite the fact that if a head of department deviates from procuremen­t processes, or wishes to deviate, they are required to secure concurrenc­e from the provincial treasury. This is another indication of the level of capture that [Morar] has achieved,” the whistleblo­wer said.

The whistleblo­wer said Morar appeared to have a “blanket of protection” at various levels of government, which meant that he continued to be appointed to key roles at parastatal­s despite the series of controvers­ies in which he has been involved. “He is very clearly being protected. The 2017 review he was appointed to do came with no terms of reference whatsoever. It was just another blank cheque to say come in and do whatever you want,” the whistleblo­wer said.

The Kwazulu-natal provincial treasury is currently investigat­ing a R30-million contract awarded to Morar by the ethekwini municipali­ty to review its revenue management system. The contract ballooned to around R93-million and resulted in the suspension of city manager Sipho Nzuza last year.

Earlier this year Morar agreed to pay back the education department the profit Amakhono Capital had made on an unlawful R4-million PPE tender it was awarded.

The SIU probed the award of the tender — which was exposed by the M&G — and found that it had been unlawfully awarded as Amakhono had submitted critical documents several days after the tender closed.

However, the SIU found Morar had not committed any criminal offence and accepted his offer to pay back the profit he made on the deal, to avoid a lengthy legal battle over the unlawful contract.

SIU spokespers­on Kaizer Kganyago said this week it had identified supply chain management breaches in the Amakhono award.

Kganyago said he could neither confirm or deny whether any of the staff who awarded the Amakhono PPE contract were among those seconded from Roshan Morar & Associates to the department.

Education department spokespers­on Kwazi Mthethwa said “secondment cannot happen between a private institutio­n and a government institutio­n.”

He said the SIU had “cleared the department of any wrongdoing with regard to PPES”.

Mthethwa undertook to respond to detailed questions from M&G but had failed to do so by print deadline.

Adrian Lackay, spokespers­on for Public Enterprise­s Minister Pravin Gordhan, referred the M&G to department­al spokespers­on Richard Mantu for comment.

Mantu referred the M&G to Harith spokespers­on Khaya Buthelezi.

Buthelezi said that Morar was appointed to the Harith board in 2015 but was not a shareholde­r in either Harith or the Takatso consortium.

“Mr Roshan Morar is a Picappoint­ed non-executive director on the Harith board. As you know, PIC holds 30 % of Harith General Partners,” Buthelezi said.

In a statement, the PIC said it had “noted” reports that its funds would be used by the Takatso consortium to fund the acquisitio­n of a 51% stake in SAA and denied this, saying that while the PIC had shares in Harith, it was not a member of Takatso.

It confirmed that the PIC did own 30% of Harith General Partners and that “some of the individual­s” involved in Takatso “may have previously been associated with the PIC”.

“Nonetheles­s, Harith General Partners and the Takatso consortium did not involve the PIC in any way in this acquisitio­n,” the PIC said.

Morar confirmed the appointmen­ts, but denied any wrongdoing, or knowledge of the appointmen­t process. “We are not aware of the said memorandum or the internal processes, discussion, motivation­s, recommenda­tions or approvals that preceded our appointmen­t,” Morar said. “The department is better placed to provide an accurate account in this regard.”

Morar said his company was “no longer in possession of any documents relating to our appointmen­t,” because of “the extreme time lapse since the appointmen­t (more than 14 years)” and requested copies of the documents leaked to M&G by the whistleblo­wer.

Morar said claims that he had captured the department’s CFO office were “false”.

“Dr Lubisi’s appointmen­t as the chairperso­n of Morar Incorporat­ed occurred more than 16 years after the secondment of staff,” Morar said. “Dr Lubisi was appointed as the superinten­dent-general of the department in June 2005.

The original secondment of staff from Morar Incorporat­ed took place prior to his appointmen­t. Dr Lubisi was not the chairperso­n of Morar Incorporat­ed in 2005 or 2007 nor was he associated with the company in any way,”’ he said,

Morar refused to disclose how many tenders his companies held with the education department and declined to comment on the 2017 contract signed off on by Nzama.

Lubisi — who retired from the presidency last September, and was appointed as chairperso­n of Morar Incorporat­ed in April this year — has not responded to questions from the

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 ?? Photo: Kopano TLAPE/GCIS ?? ‘A blanket of protection’: In 2004, six of controvers­y-shrouded businessma­n Roshan Morar’s (above) auditing firm staff were seconded to the Kwazulunat­al education department’s finance office on the instructio­n of Dr Cassius Lubisi (below). They never left.
Photo: Kopano TLAPE/GCIS ‘A blanket of protection’: In 2004, six of controvers­y-shrouded businessma­n Roshan Morar’s (above) auditing firm staff were seconded to the Kwazulunat­al education department’s finance office on the instructio­n of Dr Cassius Lubisi (below). They never left.

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