Sunday Times

Corruption an act of rogue ‘hoods’, says ex-M&R boss

- LONI PRINSLOO

BRIAN Bruce, the former CEO of Murray & Roberts during the time when constructi­on companies were colluding to fix tenders, said collusion was “not a corporate strategy”, but rather the actions of rogue “hoods”.

Bruce, who has been touted as one of the prime suspects, was speaking to Business Times for the first time about the scandal that has engulfed the constructi­on industry and which has led to calls for executives to be jailed.

More than 300 of South Africa’s largest infrastruc­ture projects worth R61-billion were affected, including World Cup stadiums, the Gautrain and the Gauteng Freeway Improvemen­t Project.

This led to taxpayers paying more than they should have to finance these projects, while constructi­on executives scored big bonuses. Though the Competitio­n Commission levied a fine of R1.46-billion on 15 of these companies, it is the shareholde­rs who end up paying — not the executives who caused the problem.

Bruce said that various gov- ernment department­s had approached contractor­s like Murray & Roberts before the World Cup, and basically said: “Look guys, this is one project we cannot fail on.”

Similarly, the South African National Roads Agency decided that only six contractor­s would be approached for the Gauteng Freeway Improvemen­t Project, and that everyone would get a share of the project.

As a consequenc­e, Bruce admitted, Murray & Roberts and other companies did attend meetings to figure out “how we were going to do this”.

But Bruce claimed he had no evidence that Murray & Roberts participat­ed in a process specifical­ly to increase profitabil­ity or reduce competitio­n.

“I have no evidence of this and was certainly not aware of it as CEO at that time.”

The problem, he said, was that individual­s had separate meetings in secret to enhance their positions. “It is more than likely that certain individual­s would partake in such activi- ties. I mean, these issues around fraud and theft were issues we had to deal with on a daily basis in the industry. The World Cup collusion was just a more sophistica­ted form of that,” said Bruce.

There has been much debate about whether individual­s who colluded should be jailed.

Perhaps surprising­ly, Bruce said he believed those people should be prosecuted.

“But you will have to prove that in fact they have done it, and the legislatio­n is a bit complex as to how one would achieve that.”

Bruce, who left Murray & Roberts in 2011, was one of the highest-paid constructi­on CEOs. In the five years before he quit, he took home R173millio­n from the company in salary and share options, after Murray & Roberts’ stock soared — partly thanks to its government contracts.

Bruce said collusion and fraud were deep-seated traditions in the industry, and had been there for decades.

“I had a full-time forensic team on the job to hunt for such activities, but it’s not easy to eliminate overnight. In fact, I was very surprised when our fast-track submission was made at what we uncovered at the eleventh hour.”

Bruce said the whole collusion scandal was an unfortunat­e set of circumstan­ces that was created by a couple of ‘‘hoods” in the industry — with one of the leading culprits having run to prosecutin­g authoritie­s for indemnity.

Stefanutti Stocks was the first to approach the National Prosecutin­g Authority in exchange for indemnity — which it is yet to be granted except for one director, Schalk Ackerman.

But Stefanutti Stocks has not fired any of the 19 directors who took part in fraudulent practices. Other companies also continue to employ suspects.

“We got rid of people through the years where we had evidence that they were involved in collusive activity, but the ability to prosecute them was very complex. And part of the tragedy of the industry is that these guys would just go and work for another contractor,” said Bruce.

 ?? Picture: GALLO IMAGES ?? BAD PRACTICES: Brian Bruce, the former CEO Of Murray & Roberts
Picture: GALLO IMAGES BAD PRACTICES: Brian Bruce, the former CEO Of Murray & Roberts

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