Sowetan

Liquidator chases VBS money

‘Negligent’ KPMG sued for R800m

- By Warren Thompson

KPMG SA is facing a nearly R1bn lawsuit from the liquidator of VBS Mutual Bank, citing the auditor’s negligence in failing to detect a fraudulent scheme and theft that led to the collapse of the bank.

In one of SA’s biggest banking scandals, VBS collapsed after executives looted almost R2bn belonging to depositors such as municipali­ties, stokvels and elderly people in Limpopo. This was according to a report commission­ed by the SA Revenue Service (Sars) entitled “The Great Bank Heist.”

In court papers filed in the Johannesbu­rg high court this week, Anoosh Rooplal, who was appointed in 2018 to oversee the unwinding of the bank, is seeking to recover R863.5m. That is the amount unlawfully withdrawn or transferre­d by fraudulent beneficiar­ies between September 2017 and March 2018.

The claim takes particular issue with the audit opinion issued by KPMG for the year to end-March 2017, when KPMG should have picked up the gross misstateme­nt of the bank’s financial position as a result of the fraud, which was already under way.

KPMG was expected to audit the accounts with “a duty of care” and “with reasonable skill and diligence“, the applicatio­n says. But this did not transpire.

Instead, says Rooplal, KPMG, “acting through one or more of its employees, wilfully and in bad faith, alternatel­y grossly negligent, alternatel­y negligentl­y, breached its obligation­s.”

This prevented KPMG from uncovering the fraudulent scheme and issuing an adverse audit opinion stating the bank’s liabilitie­s greatly exceeded its assets for the year to end-March 2017. This prevented the fraud from being uncovered and directly contribute­d to the loss suffered in the ensuing months, the papers state.

KPMG partner Sipho Malaba was the appointed signatory on the bank’s audit. The forensic report published by Terry Motau in 2018 reveals how compromise­d Malaba had become as the beneficiar­y of soft loans from the bank.

Malaba was found to have “obtained very substantia­l facilities from VBS, which cannot be regarded as arm’slength borrowings and were not declared to KPMG. He gave an unqualifie­d audit opinion in circumstan­ces in which he knew the financial statements were misstated.

“He also gave a regulatory audit opinion that he knew to be false,” the report said.

KPMG confirmed it has received the lawsuit.

“The institutin­g of a claim against KPMG as auditors was one of the recommenda­tions in the Motau report, which was released in October 2018.

“We are reviewing the summons and are unable to comment further while the matter is before the court,” it said.

The claim comes as KPMG takes steps to restore its image after bruising scandals that include being ensnared in state capture after the publicatio­n of a report (the “rogue unit” report) into the activities of the high-risk investigat­ions unit at Sars.

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