Corruption case against ex-Transnet bigwigs, including Brian Molefe, postponed to November

The fraud and corruption case against several former Transnet executives, including its former CEO Brian Molefe, has been postponed to 30 November 2022.

Transnet corruption case

Molefe and his co-accused, including former Transnet CEO Siyabonga Gama and its erstwhile chief financial officer Anoj Singh, on Friday appeared in the Palm Ridge Specialised Commercial Crimes Court on corruption charges related to the parastatal’s controversial procurement of 1 064 locomotives in 2015.

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During their court appearance, the state requested the postponement of the matter in order to provide the defence with the full disclosure of the contents of the docket which is said to be lengthy and detailed.

The defence accused the state of being unprepared with its case and providing the accused with a draft indictment not signed by the Director of Public Prosecution (DPP).

The spokesperson for the NPA’s Investigating Directorate (ID), Sindisiwe Seboka, said the accused were furnished with the draft charge sheet.

Seboka said arrangements were made to fully disclose the contents of the voluminous docket.

“The investigating officer has made arrangements to ensure that the accused are also furnished with contents of the docket.

“Because of the large nature of the dockets to be disclosed, we have requested that the accused provide us with hard drives in order to be able to upload the said contents,” she said.

Transaction advisory tender

The former Transnet executives are charged with the contravention of the Public Finance Management Act (PFMA) and fraud, corruption and money laundering related to the parastatal’s procurement of 1 064 locomotives in 2015 worth over R54 billion.

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In 2012, Transnet awarded a McKinsey-led consortium a locomotives transaction advisory tender to secure $2.5 billion (equivalent to R30 billion at the time) in funding for the project.  

The state alleges that Gupta-linked company Regiments Capital was irregularly onboarded and ended up benefitting from the irregular appointment by Transnet in respect of the contract.

The tender value and scope for the services required allegedly later escalated to more than R305 million. The accused also faces charges linked to the R93.4 million paid in 2015 to another Gupta-link company, Trillian Asset Management.

This was allegedly a double payment because Transnet had already paid Regiments for organising the funding to help buy the 1 064 locomotives. Trillian allegedly invoiced the parastatal even though it didn’t do any work.

Other accused in corruption case

The other accused in the matter include former Transnet group chief financial officer Garry Pita and ex-group treasurer Phetolo Ramosebudi.

The others are Regiments Capital directors Niven Pillay and Litha Nyhonhya, Regiments shareholder Eric Wood, Trillian Asset Management current director Daniel Roy and alleged Gupta middleman, Kuben Moodley.

Molefe, Singh, Wood and Roy were released on bail of R50 000 each at their first court appearance in August.

Last month, the ID added McKinsey South Africa to the corruption case. The global management consulting firm is represented by its former principal Vigas Sagar and its employee Goitseone Mangope. 

Sagar stands accused in his personal and representative capacity, while Mangope stands as the current representative of the company.

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