Transnet sues former executives over locomotive tender

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Transnet sues former executives over locomotive tender

Transnet has taken legal action against a number of its former executives over a controversial locomotives tender, the City Press reports.

On Friday, the company sent subpoenas to former CFO Anoj Singh, former group treasurer Phetolo Ramosebudi, former group CFO Garry Pita, and former CEO Siyabonga Gama.
 
And that passenger train on the picture has what exactly to do with the story about locomotives corruption?
 
Legal action - like in suing means they will not get a single cent back from these people and no criminal charges or jail time. What they should have done is realize the money is gone and will never be recovered. Open straight criminal charges and let them go to jail. Unfortunately, this is not how the ANC rolls. African solutions for African problems.
 
Legal action - like in suing means they will not get a single cent back from these people and no criminal charges or jail time. What they should have done is realize the money is gone and will never be recovered. Open straight criminal charges and let them go to jail. Unfortunately, this is not how the ANC rolls. African solutions for African problems.
My own thoughts were along those lines upon reading the article. If what is said is true and provable in court, why open up a civil case? Should this not be a criminal case? Or is there something we don't know?
 
My own thoughts were along those lines upon reading the article. If what is said is true and provable in court, why open up a civil case? Should this not be a criminal case? Or is there something we don't know?

Thing is, they know with a civil case there can be no imprisonment. These people will at most be ordered to repay the damages suffered. In their personal capacities they will not have the funds and that will be the end of this. The ANC will claim they have successfully prosecuted the offenders and they must pay back the money. There will be no consequences. This should have ended up in a criminal court.
 
Thing is, they know with a civil case there can be no imprisonment. These people will at most be ordered to repay the damages suffered. In their personal capacities they will not have the funds and that will be the end of this. The ANC will claim they have successfully prosecuted the offenders and they must pay back the money. There will be no consequences. This should have ended up in a criminal court.

The balance of evidence in a civil case is very different from a criminal case, which can take years to resolve. That is why 'asset forfeiture' is a powerful tool. You can take away ill-gotten gains with simple administrative action, whereas jail-time can be appealed ad-infinitium (plenty of examples of this in ZA). Justice is not always easy...
 
The Treasury report indicates that the Transnet locomotives tender was corrupted at all levels: https://www.dailymaverick.co.za/art...ry-investigation-into-transnet-rail-purchase/

The report names four Transnet executives as central to corrupting the rail deal: they are Molefe, Gama, Singh and Thamsanqa Jiyane, the group chief procurement officer at Transnet.

They were assisted by the board acquisitions and disposal committee of the Transnet board as well as by board members themselves. “(This) compromised the integrity of the procurement process and benefited China South Rail (CSR) by changing the prescribed conditions after the bid closed.” This prejudiced other potential bidders, the report finds.

“We determined… that Minister Gigaba further advised Transnet in a letter dated 7 December 2012 to disregard (an) instruction note referred to stage 2 of procurement processes, which stated “Only bids that achieve the minimum stipulated threshold for local production and content may be evaluated further. Minister Gigaba advised Transnet to rather establish an evaluation framework that provides reasonable incentives to suppliers.
 
Multiple corrupt contracts revealed. Lengthy investigation report:
About R10.8-billion left Transnet coffers before it saw its first locomotives. Putting aside the fact that part of each advance went straight to the Guptas, it also exposed Transnet to great risk.

For a substantial part of each contract’s duration, Transnet would have paid the supplier more than the total price of the locomotives it had received up to that point. Cancelling the contract would have left Transnet, and not the CRRC company, out of pocket. Boom.

This still applies to the CNR contract, where only about 60 of the 232 locomotives have been delivered after six years, and to a lesser extent the CSR 359 locomotives contract, where about 100 locomotives remain outstanding.

Advance payment guarantees were in place, but getting them honoured may be like pulling hens’ teeth. Trying to get the CRRC companies to make restitution beyond that – for the billions overcharged and paid to the Guptas – may be as futile as amaBhungane’s attempts to get answers from CRRC.
 
Legal action - like in suing means they will not get a single cent back from these people and no criminal charges or jail time. What they should have done is realize the money is gone and will never be recovered. Open straight criminal charges and let them go to jail. Unfortunately, this is not how the ANC rolls. African solutions for African problems.
Transnet have been rather successful in that field, ask regiments capital
 
Different version of the same investigation. Follow the money and bank records:
 
Multiple corrupt contracts revealed. Lengthy investigation report:

Before we blame Zuma for colluding with the Guptas, please remember what Cyril said how everything in the ANC being a collective decision..

It therefore seems unlikely that Zuma could have acted on his own, and that the rest of them did not ok (or at the very least ignored) the stealing of public funds via the Gupta companies.
 
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