Sunday World (South Africa)

Akani fights back after FSCA search and seizure raid

Company to ask court to declare watchdog’s operation unlawful

- By Kabelo Khumalo kabelo@sundayworl­d.co.za

Akani Retirement Fund Administra­tors (RFA) is headed to court to ask for the search and seizure executed at its offices by the Financial Sector Conduct Authority (FSCA) to be declared unlawful.

The watchdog pounced on the company this week after it was granted a court order by the Pretoria high court.

FSCA commission­er Unathi Kamlana said the search and seizure operation was to gather facts and informatio­n to assist the watchdog in its current investigat­ion into Akani.

He said the FSCA received complaints, which contained sufficient informatio­n to create a reasonable suspicion that Akani may have contravene­d financial sector laws.

“The overriding objective of the FSCA is to protect financial customers, which includes members of retirement funds, who demographi­cally represent all the members of our society. This operation is in keeping with that duty, and is in the interest of clean administra­tion in the retirement funds sector,” Kamlana said.

The raid on Akani’s offices came after the Joburg high court found two weeks ago that the company had bribed trustees of the Chemical Industries National Pension Fund (CINPF). Akani has said it will be appealing against the judgment.

Akani lost the CINPF contract last year after falling out with the fund’s board of trustees, with allegation­s and counter-allegation­s of incompeten­ce and corruption.

The FSCA would not be drawn into revealing whether this is the matter it is investigat­ing.

“In terms of the statutory provisions of section 251 of the FSR Act (Financial Sector Regulation Act of 2017), the FSCA is not at liberty to disclose any details of the investigat­ion,” Kamlana said.

“This informatio­n will be shared once the outcomes are carefully considered and due process is followed with regard to any subsequent decisions or actions, as required by the relevant laws.”

Akani, the country’s largest blackowned and managed retirement fund administra­tor, with R26-billion worth of assets under management, on Friday hit back, saying the search and seizure is unlawful and that it will approach the court to declare it as such.

“The FSCA’S recent search and seizure operation on Akani RFA’S offices is unlawful for a variety of reasons. It is also unfortunat­e, particular­ly given Akani RFA’S past cooperatio­n with the FSCA.

“Akani RFA intends to take legal action to vindicate its rights in relation to the recent search and seizure operation, including by applying to set aside the warrant (procured by the FSCA without any notice to Akani RFA) on which it was allegedly based,” Akani deputy MD Jack Malebana said.

Akani further accused the FSCA of soiling its reputation. “There was no basis for releasing a statement about an investigat­ion that has not been concluded... the FSCA’S decision to publish it at this stage is incompatib­le with its statutory duty to be fair and independen­t.”

 ?? / Supplied ?? The Financial Sector Conduct Authority launched a search and seizure operation at Akani Retirement Fund Administra­tors earlier this week.
/ Supplied The Financial Sector Conduct Authority launched a search and seizure operation at Akani Retirement Fund Administra­tors earlier this week.

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