Former Dimension Data Executives Appeal Fraud Verdict

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Former Dimension Data Executives Appeal Fraud Verdict
FRAUDAPPEALEXECUTIVES
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Former Dimension Data executives, who were found guilty of fraud by a High Court judge, have been granted leave to appeal the scathing judgment. The executives, claiming they were wrongly accused, insist they acted in the best interests of the company and are confident the appeal court will overturn the verdict. They argue the judge misinterpreted evidence and overlooked key facts, including NTT's own acknowledgement of the transaction's success.

The former executives, who on Wednesday won leave to appeal, have also set out their side of the story in detail for the first time.High court judge Denise Fisher, who handed down the scathing judgment against the former executives, on Wednesday agreed that it could be taken on appeal.

The allegation that the BEE structure was a subterfuge was one that none of the parties raised and is incorrect “The court embarked on an in-depth interpretation of written exchanges and drew far-reaching inferences from them on the papers” and another court may determine that the judge had been wrong in the inferences drawn;

“There is compelling evidence that NTT elected to abide by the transaction, which had achieved the BEE result NTT sought, and that it in fact relied on and benefited from the transaction. Moreover, the CEO of the business, Werner Kapp, said on 25 January 2022, ‘We have taken the decision to ratify The Campus transaction subject to dealing with the exit of the executives in a manner which preserves the original objectives of this transaction.

Historically, as a Japanese company, NTT had struggled with the concept of empowerment and its implementation, and it had fallen behind its competitors in this regard. It understood, however, that unless the BEE rating was improved, full value could not be achieved on a sale of the business. Initially, it was envisaged that NTT would simultaneously sell shares to the executives and BEE investors. Standard Bank and other property experts were also employed by NTT.

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FRAUD APPEAL EXECUTIVES DIMENSION DATA NTT BEE TRANSACTION

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