Vavi and the great provident fund rip-off

 

 

Moyagabo Maake, Front Page, Sunday Times, Johannesburg, 6 October, 2013

 

Trade union federation COSATU's investment arm, Kopano ke Matla, plundered
millions of rands from an employee provident fund, according to a secret
Financial Services Board report that is likely to heap more pressure on
suspended secretary-general Zwelinzima Vavi.

 

The report, prepared by FSB investigators, recommends that the damning
findings be reported to the South African Police Service so it can probe the
"unusual and suspicious transactions and payments".

 

Tembisa Marele, a spokesman for the financial regulator, confirmed that the
report had been handed to the authorities.

 

Kopano Employee Benefits (KEB), one of the companies under Kopano ke Matla,
has also been stripped of its licence to administer pension funds.

 

The report raises awkward questions about whether Vavi, a self-styled
corruption-buster and board member of Corruption Watch, puts his money where
his mouth is.

 

It states that he was personally alerted to these problems in 2010 but did
not act on them, and then apparently sanctioned a R2-million settlement
designed to make the matter go away.

 

Neither Vavi nor COSATU responded to questions from the Sunday Times this
week, [other than the two grovelling interviews with Vavi published on the
inside pages of the same edition of the Sunday Times].

 

The FSB report paints a startling picture of how officials plundered the
retirement savings of 400000 former Bophuthatswana employees held by the
Bosele provident fund.

 

It says they conspired with Wesley Kgomo - who was acting as a consultant to
Bosele and supposedly tracing beneficiaries - and lawyer Thabo Thipa to suck
as much cash as possible out of Bosele while "administering" the fund for
the beneficiaries.

 

Over three years, more than R123-million was paid to the Kopano companies by
Bosele - R56.3-million of which found its way to Nasieyah Basadien or her
husband. Basadien was managing director of KEB.

 

According to the FSB report, the couple paid R6.9-million to Kgomo and other
amounts to members of Bosele's board of trustees.

 

More startling, however, is a claim by the FSB that Vavi was alerted to the
plundering three years ago. But he did not act.

 

Bosele, which had R787.4-million in assets by 2011, was spun off from the
Bophuthatswana National Provident Fund, which all private sector employers
in the former homeland were compelled to join until homelands were
abolished. More than 400000 people are beneficiaries of the fund.

 

In June, Vavi's detractors in COSATU were pushing for action against him
over the cover-up of the secret FSB report. [It is part of the facilitated
process that is now close to completion].

 

Today, the Sunday Times can reveal that it alleges:

 

.        Kopano Employee Benefits (KEB) had "no administration capability
and materially failed to comply" with FSB rules. 

.        Kopano's other company, Kopano ke Matla Financial Services (KKMFS),
broke the law because it "conducted unapproved pension fund administration
business";

.        KEB's appointment in 2007 as Bosele's administrator was "flawed,
irregular and suspicious". At the time, it was "no more than a shell and did
not employ any staff or even operate a banking account";

.        In 2009, when the FSB began asking questions about how it was
appointed, KEB officials conspired with Kgomo and Thipa to "fabricate"
minutes of a meeting in September 2007 supposedly authorising the
appointment;

.        Kopano CEO Collin Matjila, who is also an Eskom board member,
received R1.33-million in cash from the Bosele fund through his company
Summerlane - payments he described as "personal commissions" when confronted
by FSB inspectors;

.        In 2007, Bosele's former administrator, Alexander Forbes, raised
concerns about the large "set-up fees" paid to Kgomo by Bosele, which were
then "quickly disbursed by means of cash cheques". Bosele's board of
trustees promptly fired Alexander Forbes;

.        Basadien's husband was paid more than R26-million by KKMFS through
a company called Datalab, ostensibly for work done for Bosele. He got
another R27-million of Bosele's money through another company, Southern
Ambition;

.        B-Direct, a company owned by Basadien and Matjila, was paid more
than R2-million by Bosele, R1.16-million of which was paid back to KKMFS as
"secondment charges". The FSB believes that B-Direct's sole purpose was to
launder rewards, because it "could not find any evidence" it did any real
business;

.        Kgomo's company, Westside Trading, was paid R90-million by Bosele,
but the FSB could not find proof that there was any proper service delivery;
and

.        Basadien offered Kgomo a R7.2-million reward if he could find a way
to increase the fees paid to KEB through a questionable "feasibility study".
Kopano's fees were subsequently hiked by about 600%.

 

The web of corruption started to unravel in 2009 when KEB's then-acting CEO,
S Woodman, informed the FSB pension fund registrar that KEB was running
short of cash and did not have the funds to comply with the liquidity and
professional indemnity requirements needed to keep its administration
licence.

 

"Given the magnitude of fees paid by Bosele to KKMFS and KEB, it was
peculiar that KEB was suffering from liquidity problems," investigators said
in the report.

 

The FSB then began probing Kopano's companies - and Matjila fired Woodman
for his trouble.

 

In May 2010, KEB's contract with Bosele ended and Alexander Forbes was
rehired. Kgomo demanded he be paid out "rewards" he was still owed. This led
to "settlement talks", in which the R2-million settlement agreement was
drawn up. The parties never settled because the FSB investigation had begun.

 

This week, Thipa denied the report's findings against him. "I'm innocent of
any insinuation of wrongdoing. The investigator of the FSB made false and
adverse allegations against me without me being heard."

 

Basadien, Kgomo and Matjila ignored requests for comment.

 

This is not the first time Kopano ke Matla has embarrassed COSATU, the sole
beneficiary of any money it makes. Last year, it emerged that despite
COSATU's campaign against e-tolls, Kopano was invested in a company, Raubex,
which built [e-toll] roads for the Gauteng freeway improvement project.

 

 

From:
http://www.timeslive.co.za/politics/2013/10/06/COSATU-and-the-great-providen
t-fund-rip-off1

 

 

 

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