Mail & Guardian

Apology be damned, Bain colluded with Sars

Stephen York, the consulting firm’s managing partner in South Africa, said it helped ‘South African organisati­ons grow, innovate, and excel’, yet the Zondo commission found it ‘misdirecte­d the revenue gathering function of Sars’

- Mzukisi Qobo Mzukisi Qobo is head of the Wits School of Governance at the University of the Witwatersr­and. The views expressed are those of the author and do not necessaril­y reflect the official policy or position of the Mail & Guardian.

Why do businesses rush headlong to commit actions that harm public value and could have a long-term negative effect on their brands? And why is it hard for their executives to show humility and right their wrongs?

Bain & Company hold many lessons for the private sector and global consulting firms on how to set boundaries when working with the state. Its apology is another example of the wrong kind of atonement ritual companies should never participat­e in — offering hubris instead of sincerity.

Businesses have a bigger role to play in enhancing public value by upholding a high standard of ethical conduct in society.

Stephen York, Bain’s managing partner in South Africa, recently published a defiant “appeal for constructi­ve dialogue” in various newspapers. This came on the back of the UK government’s decision that Bain cannot bid for state contracts for three years because of its involvemen­t in South Africa’s state capture project. South African public institutio­ns should follow suit.

In its qualified public apology, Bain sets out to split hairs over what was true and not true in the accusation­s levelled at it for its role in state capture. York seeks the company’s atonement without taking full responsibi­lity for its ethical failures. Even his reference to the improvemen­t of internal controls and governance system is too vague to be believable.

If Bain does not think it colluded with politician­s and Tom Moyane, the then commission­er of the South African Revenue Service (Sars), to weaken the tax authority, then whatever measures it has put in place are merely cosmetic.

York, and by extension Bain, seem not to gasp the gravity of the actions of the consulting firm in the destructio­n of value at Sars, and just how bad a name this gives to global consulting companies and businesses. He confidentl­y states that Bain’s business was about helping “South African organisati­ons grow, innovate, and excel”, a far cry from what actually happened in the relationsh­ip between the consultanc­y and the revenue authority.

Bain’s letter casts Sars leadership as duplicitou­s while framing the consultanc­y as a deceived rather than a colluding party, despite the fact that Bain was dancing with politician­s even before Moyane’s appointmen­t at Sars was confirmed.

In his ponderous letter, York blandly offers that Bain “regrets in playing any role in the damage to this critical institutio­n”. It is not just that Bain played any role but actively colluded with Moyane in destroying governance, in flouting procuremen­t rules in a self-serving manner and fomenting a culture of fear and mistrust in that institutio­n, which set off a skills exodus.

Bain may have repaid the fees with interest but that does not fully compensate for value destructio­n whose effects will be long-lasting.

The Zondo commission is clear in its portrayal of the precise role of Bain in state capture, and no amount of white-washing will change the facts about the company’s role in the reversal of South Africa’s fortunes.

In discussing the relationsh­ip between Sars and Bain during that sordid state capture era, the commission report notes that “the actors in question weakened and misdirecte­d the revenue gathering function of Sars”.

The Zondo report states that “there was collusion between Sars, the executive [including the then president, Jacob Zuma] and the management consultanc­y, Bain & Company, with a planned and coordinate­d agenda to seize and restructur­e Sars, well in advance of the appointmen­t of either Bain or Mr Tom Moyane …” This is serious stuff.

Given the fraught political climate in the country at that time, any consulting company doing work for sensitive state agencies should have put its guard up, asked tough questions or walked away from the “opportunit­y”. Bain enjoyed proximity to political power and it stood to benefit financiall­y; it thought the music would go on forever.

The Sars contract inexplicab­ly grew from just over R2-million to more than R160-million, and a way had to be found to corrupt the procuremen­t processes even though the Bain team working at Sars had no demonstrab­le experience in working on tax issues. Bain’s executives had politician­s in their pockets; they had met Zuma about 17 times, according to the Zondo report.

No doubt, at this point Bain saw itself as having captured a crucial state account, with more business to flow in its direction. It could not be outshone by its erstwhile competitor, Mckinsey & Company, also implicated in the state capture report, which had seized the accounts of Transnet and Eskom.

Bain saw Sars as a stepping stone to various state-owned enterprise­s and to reshape informatio­n and communicat­ions technology, energy and infrastruc­ture.

In 2008, Sars was recognised as one of the best and most efficient tax administra­tion services in the world. Even by 2013, it was still winning accolades. Sars needed no interventi­on from a quasi-management doctor in the form of Bain, whose role would turn poisonous.

Usually, management consultanc­ies come to fix broken institutio­ns; in this case Bain did the opposite. It found an efficient and well-respected organisati­on and rendered it dysfunctio­nal. Management consultanc­ies promise to offer ailing companies turnaround strategies, fix bad management practices and support leadership teams.

It is the practices of companies such as Bain that give consultanc­y firms a bad name and that cast a shadow on business ethics. Businesses are agencies that are supposed to create value in society.

When reading York’s non-apology, it beggars belief that companies would take the sorts of risk Bain took in cultivatin­g politician­s and doing something that is unethical, if not criminal, in participat­ing in the state capture project.

There is the perverse idea among some businesses that “when you are in Rome do as the Romans do”, which is often taken to mean you must adapt to the temperatur­e of values that exist in the country you operate in. According to this paradigm, if corruption is a prevailing norm, adapt rather than maintain a high standard. There is a higher way.

Multinatio­nal firms such as Bain see the African continent as a hive of corruption and if they can get a piece of the action of a state account through surreptiti­ous means, they can coin it quickly.

They use intermedia­ries to broker high-level political relationsh­ips as Bain did through a shadowy company, Ambrobrite, which had no trading history and was run by two creative artists from whom Bain believed it could obtain “strategic advice” on the positionin­g of stateowned entities in South Africa. In return, Bain paid these brokers millions of rands.

There are important lessons for companies doing business in countries that are manifestin­g institutio­nal voids and corrupt practices. It is important that companies do all they can to defend their values and guard against the lure of short-term success. A reputation that took years to cultivate can be destroyed in an instant.

Companies should be a force for good and help enrich public value rather than sow bad practices, which take years if not decades to weed out. Rather than projecting hubris, Bain should take its responsibi­lities to stakeholde­rs seriously and be genuine about its journey to renewal. Its appeal for constructi­ve dialogue is not evidence of a contrite spirit.

The Zondo commission is clear in its portrayal of the precise role of Bain in state capture

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 ?? Photos: Bain & Company & Paul Botes ?? Unethical: Stephen York (above) tried to whitewash Bain’s role in colluding with Tom Moyane (below) in capturing and breaking the South African Revenue Service.
Photos: Bain & Company & Paul Botes Unethical: Stephen York (above) tried to whitewash Bain’s role in colluding with Tom Moyane (below) in capturing and breaking the South African Revenue Service.
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