The United Kingdom’s three-year ban on the powerful multinational corporation, Bain & Company, will probably go down in history as one of the best remedies to correct wrongdoing by big companies.
, UK Cabinet Minister responsible for Brexit Opportunities and Government Efficiency, “After reviewing Bain’s role in alleged state capture and corruption by the former government of South Africa, taking account of the evidence and conclusions of the South African Government Commission, the Minister for Government Efficiency considered Bain to be guilty of grave professional misconduct. We have consequently excluded them from competing for Cabinet Office contracts for a period of three years.
. In this case SAP would repay the department an amount of R413-million of the R1,036-billion contract value pursuant to the 2015 and 2016 software licence and support contacts. Settlement agreements, by their nature, result in less punitive measures. Once caught, the implicated person may likely raise a settlement agreement as a remedy, if successful, that’s the end of the litigation process.
The Special Tribunal followed the Constitutional Court’s approach in the case concerning a declaratory order brought before it by SIU against Aventino Group Ltd. The SIU’s founding affidavit alleged that Aventino fraudulently made misrepresentations to the National Housing Development Agency and obtained a R15-million contract to build shacks in Talana, Limpopo. The SIU agreed to the settlement agreement proposed by Aventino.
It is therefore encouraging to see the legal trend where the pensions are being frozen and, in the event that the outcome of an investigation confirms the irregularity, the money is declared forfeit to the State. More such actions are required for South Africa to be on the right trajectory in the fight against State corruption.
Between 2016 and 2018, Superfecta allegedly earned R64-million in payments from Transnet as a result of its business with Transnet Property. BBDM was paid tenant installation allowances totalling more than R73-million between 2015 and 2016. The Court found that Msagala had acquired secret kickbacks and gratification in the form of cash and different bank accounts, some belonging to his children. He had also purchased five properties – two houses in Gauteng, two houses and a farm in the Free State – most through cash payments:.ordered by the Special Tribunal to repay an amount of R11,5-million
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