Malusi Gigaba – Gupta Leaks http://www.gupta-leaks.com A collaborative investigation into state capture Thu, 20 Sep 2018 05:31:36 +0000 en-US hourly 1 https://wordpress.org/?v=4.8 #GuptaLeaks: The captured presidency http://www.gupta-leaks.com/atul-gupta/guptaleaks-the-captured-presidency/ Wed, 19 Jul 2017 08:26:47 +0000 http://www.gupta-leaks.com/?p=556 The Gupta influence network reached into the heart of the Presidency, the #Guptaleaks show, drawing into their web at least three people who were just a whisper away from President Jacob Zuma. They targeted officials holding positions of personal trust closest to Zuma, offering gifts, favours and business deals.

Even the deputy president’s office was fair game. Investigations show they zeroed in on some of the nation’s most sensitively placed staff, including the head of the Presidential Protection Service as well as Zuma’s chief of staff, his private secretary and a chief director in the deputy president’s office.

In certain instances, some of these officials appear to have returned favours, potentially subverting their positions in the Union Buildings for the Guptas’ benefit.

The fact that Saxonwold’s most influential family attempted to recruit people close to the president raises questions about the nature of their relationship with Zuma: were they trying to spy on him? Or were they putting in place a back channel allowing him to communicate with them via trusted intermediaries?

Since the #GuptaLeaks provide mere glimpses of these relationships, only the president, the Gupta brothers and the officials in question know the whole truth. The four officials we feature here have all denied impropriety or said they carried out their duties with professionalism.

One official, however, said she would “be more vigilant and judicious in professional relationships” in future. The Presidency and the Guptas did not respond to detailed questions.

Major-General Muzingaye Mxolisi Dladla: head of Presidential Protection Service (2010-date) and long-time bodyguard to Zuma

As the Scorpions anti-corruption unit were raiding Zuma’s Johannesburg home in August 2005, two vehicles screeched to a halt outside the gates. Out poured several automatic rifle-toting members of the elite Presidential Protection Unit.

A tense armed stand-off ensued between Zuma’s protectors and his would-be prosecutors. Zuma – then a private citizen – was entitled to protection by this elite South African Police Service unit, who guard the country’s current and former presidents and deputy presidents together with their families.

Among the protectors who rushed to Zuma’s side that day was Dladla.

Ever since then, their fortunes have closely tracked one another. Zuma escaped the corruption charges and became president; Dladla rose rapidly through the police ranks to head the Presidential Protection Service, as it is now called. Both are controversial figures.

Zuma’s indiscretions are well known, but Dladla escaped attempted murder charges in 2010 after he was accused of spraying three Uzi submachine gun rounds at an elderly motorist in Durban who got in the way of Zuma’s blue light cavalcade.

Zuma paid tribute to Dladla at a funeral in 2011, thanking him and other members of the so-called Echo Squad for standing by him during his darkest days in politics, including thwarting an alleged assassination attempt when he was deputy president.

The relationship has only grown closer: investigative magazine Noseweek alleged in 2012 that Dladla commanded a secret spy unit within the protection service, tasked with monitoring Zuma’s rivals and ensuring his re-election as ANC president.

It now appears that Zuma’s friends, the Guptas, became equally enamoured of Dladla – and rewarded him for his specialist services.

An early clue of their relationship includes an August 2010 email chain from the #GuptaLeaks showing that a Sahara sister company intended to send Dladla and his then wife, long-serving Presidency official Mogotladi “Mo” Mogano (see below) on a weekend getaway to the Maldives.

Both Dladla and Mogano told us they never travelled to the Maldives, with Mogano confirming that “whilst Sahara did make an offer, my then partner and I did not receive tickets and did not undertake the offered travel”.

However, the emails indicate that Gupta executive Ashu Chawla went as far as requesting a Johannesburg travel agent to “issue and email me the [air] ticket” for the couple, quoted at R9 290 per person on Emirates.

In February 2012, a company in which Dladla is a sole director was registered to a property owned by another Gupta-linked company, Confident Concept. The property is also listed as Dladla’s residential address over a number of years.

A source, who asked not to be named for their own safety, told us that the Guptas at one stage prepared documents transferring legal ownership to Dladla, but then the property burned down.

A second source in the Presidency independently recalled how a house where Mogano was living with Dladla in 2010-11 had burned down.

Mogano referred our queries about the property to Dladla, who claimed that his company never traded but remained silent on the circumstances in which he appears to have made extensive use of a Gupta-owned property.

What use did the Guptas make of their connections with Dladla? An unsigned 2013 affidavit unearthed in the #GuptaLeaks shows Tony Gupta explaining to the police how he procured VIP blue light escort services for the family’s wedding guests.

The Guptas were in trouble because the black BMW escort vehicles they used had been illegally fitted with blue lights and false number plates.

Gupta’s affidavit, submitted as part of the police investigation into the wedding debacle, makes the astonishing claim that the president’s top bodyguard was responsible for procuring the illegal VIP escort service.

Gupta states: “I requested General Dladla to advise me on road transport security under circumstances explained to him … where guests arrived at Waterkloof Air Force Base and had to travel by car through rural areas to Sun City.”

“I indicated that I would pay for these services without any reservation. I am aware of an initiative within the South African Police Service where members of the public can insist on protection/control services at a prescribed fee.

“General Dladla requested me to furnish him with information and inter alia the flight schedules of the guests,” Gupta states, after which Dladla appears to have taken care of the Guptas’ needs.

“On or about 30 April 2013, I noted certain protection vehicles and members of the SAPS accompanying the group of guests from Waterkloof … to Sun City. I did not find this awkward given the requests mentioned,” says Gupta.

“I expected an invoice from the SAPS for the services rendered … On or about 30 April 2013, I received an invoice from a company called S & M Transport … indicating a request for payment for an amount in excess of R500 000. I did not expect an invoice from S&M Transport and I do not know who S&M Transport is. I further do not know who Salomie Manamela is and I had no arrangement with the aforesaid person to send me an invoice for ‘escort services’.”

Gupta, who was in serious trouble at the time, may have been playing dumb but the identity of S&M Transport and Manamela remains a mystery.

At the time of the government enquiry into the Waterkloof landing debacle, then-justice minister Jeff Radebe told reporters that a criminal case had been brought against “S & M Transportation” for illegal blue light escort vehicles.

But that was the end of the matter: there is no mention of the company or Dladla’s alleged role in securing its services in the inquiry’s final report.

Responding to our questions, Dladla flatly contradicted Gupta, saying he played no part in “any logistic arrangements either at Sun City or at Waterkloof Air Base”.

However, he confirmed that he “provided an affidavit to SAPS which set out the facts as part of an investigation which was held”. This investigation’s findings have never been made public, but all indications are that both Dladla and Gupta wriggled off the hook.

Like a cat with nine lives – again, mirroring his boss, Zuma – there is one final similarity. Michael Hulley, Zuma’s private legal advisor, prepared Dladla’s responses to our questions.

Denying that he had been captured by the Guptas, or acted to further their interests, Dladla said: “I have performed my duties in relation to President Zuma as a member of SAPS with the discipline and professionalism that it deserves.”

Lakela Kaunda: deputy director-general and head of private office of the president (2009-); chief operating officer in the Presidency (2014-)

Lakela Kaunda is Zuma’s fiercely loyal chief of staff, who has worked beside him in various roles since the mid-1990s.

Emailed diary appointments contained in the #GuptaLeaks show Rajesh “Tony” Gupta accepting a flurry of diary appointments with Kaunda on four occasions between 11 December 2012 and 31 January 2013.

On the fourth occasion Kaunda met Gupta, the email calendar shows a “Bruce” attending – a possible reference to Bruce Koloane, the then chief director of state protocol.

Koloane subsequently attended a meeting in February 2013 with Gupta, as well as the then-transport minister and the acting head of the airports authority, to discuss the possibility of hosting “an elaborate welcoming ceremony” at OR Tambo International Airport, according to the Waterkloof inquiry report.

Kaunda’s own meetings with Gupta shortly before this raise questions about her role in the Waterkloof landing debacle.

Koloane was subsequently forced to resign for her role in facilitating the Gupta wedding plane landing at Waterkloof air base, and several military officers who approved the landing later testified they believed instructions had emanated from “Number One” – a codename for Zuma.

Kaunda does not dispute the meetings with Gupta, only that Koloane was not present.

He could not be contacted to verify this. Kaunda also denied playing a role in facilitating the Guptas’ aircraft landing needs, saying, “I actually discovered about the wedding landing at Waterkloof when Radio 702 broke the story on the day of the landing itself. I was totally unaware of it before then.”

Be this as it may, the Guptas were keen at this point to do business with Kaunda. Between the third and fourth successive meetings, as scheduled in Gupta’s email calendar, Kaunda ceded her 100% share in Ntomb’nkulu Investments CC to her son, Siphesihle.

She then forwarded confirmation of the new shareholding to Gupta on 23 January, stating that “we will use this vehicle”.

Asked why she had ceded her shares to her son, and for what activity would Ntomb’nkulu be a “vehicle”, Kaunda repeated the explanation she had given to the Sunday Times in June: “I initially thought of closing down the company as I was not using it, but then felt it would be cost effective to keep as it already existed and we had paid for the establishment. I then decided to cede it to my son,” she said.

“When they [the Guptas] said they wanted to offer a business opportunity and asked if I had a company that could be utilised, I then sent that email about Ntomb’nkulu … the offer of going into business with the family was declined and the matter was never pursued.”

But the #GuptaLeaks throw up an intriguing coda. There is an unsigned company resolution dated March 22, 2013 – two months down the line – in which Ntomb’nkulu is to receive 6 shares in Islandsite Investments 255 (a 5% stake).

At the time, Islandsite 255’s joint directors were Tony Gupta and Zuma’s son, Duduzane. Islandsite 255 is Gupta-controlled Oakbay Resources and Energy’s BEE partner in Shiva Uranium.

In response, Kaunda said: “It is the first time actually that I hear of that cession of the shares or that resolution. Ntomb’nkulu Investments does not own shares in any company whatsoever.”

Indeed, according to Islandsite 255’s share register, the intended transfer does not appear to have happened.

Dixie Investments, the company meant to cede the shares to Ntomb’nkulu, retained its stake. For now, at least, the public will have to take Kaunda’s denials on trust.

Delsey Sithole: private secretary in the private office of the president (2009-2012); director: events and protocol in the Presidency (2012 to date)

Zuma’s private secretary coordinates both his official and private diaries, and so knows what the president is doing when his formal duties are over for the day.

It is a unique special position of trust and responsibility, which entails liaising with the president’s security detail after hours to ensure he is safe.

The president’s private secretary is also a regular traveller as part of the president’s delegation on overseas trips. The woman Zuma entrusted with the task at the outset of his Presidency, Delsey Sithole, was very soon in the Guptas’ crosshairs.

Financial reconciliation records from the #GuptaLeaks indicate that Sithole received cash amounts totalling R8 310.78 from a Gupta company in June 2009, just a month after Zuma became president.

It is not known what the payment was for, and Sithole did not provide any clarification in her response to our detailed questions.

Fast-forward a year, Gupta brother Rajesh invited Sithole and her teenage son to watch the opening match of the 2010 FIFA World Cup.

A spreadsheet contained in the #GuptaLeaks shows that Sithole found herself amidst illustrious company in the luxurious Sahara suite in the iconic Soccer City calabash. Her inclusion hints at the development of a special relationship with the Guptas.

The family’s other guests for the match included India’s wealthiest businessman Mukesh Ambani and his family, as well as one of Zuma’s wives, his son Edward, and some of Zuma’s most trusted spies – the head of police crime intelligence, Richard Mdluli and his sidekick Nkosana “Killer” Ximba.

Sithole did not dispute her presence that day, telling us that, “I received many offers of hospitality from various companies during the 2010 FIFA World Cup.”

Fast-forward another two years, to early May 2013, and Sithole publicly displayed her loyalty to the Guptas. Despite the outpouring of public anger about the family’s brazen takeover of Waterkloof military air base to land a planeload of overseas wedding guests, Sithole crowed on her Facebook page: “Its [sic] good to be at Sun City. Some people are being tjatjarag [over-excited]. I am enjoying the wedding.”

By this stage, Sithole had been removed from her position as private secretary and redeployed to head the events and protocol division in the Presidency.

A source in the Presidency recalled a “security incident” involving Zuma’s diary that had occurred in 2011, after which Sithole was moved.

Details about the incident, including a rumour that the Guptas had accessed confidential details about Zuma’s diary via Sithole, could not be independently verified.

Sithole did not respond to the allegation specifically, but said: “In my previous capacity as private secretary, I interacted with various stakeholders on a number of occasions, involving various activities and my interaction with the Gupta family was in that capacity. Such interaction never promoted any unethical activity.”

She added that her move to protocol and events happened at her request, for “career growth and advancement” reasons.

But even after she moved out of Zuma’s private office, the #GuptaLeaks suggest that Sithole and Tony Gupta retained ties. For example, in September 2012, Sithole sent him the guest list for a Jacob Zuma Foundation fundraising dinner. The list includes a number of prominent Nigerian businessmen with investments in South Africa.

How Sithole obtained this it is unclear, as are her motives for disclosing it. Was she moonlighting on social events for Zuma’s private foundation and leaking intelligence to the Guptas about Zuma’s would-be private benefactors?

Sithole did not provide any answers.

Coincidentally (or perhaps not), Sithole was one of several Presidency officials close to Zuma who interacted with Tony Gupta in the busy months leading up to the Gupta wedding in April 2013 (See Muzingaye Mxolisi Dladla, and Lakela Kaunda, above.)

The #GuptaLeaks emails show Tony Gupta accepting a diary appointment with one “Delicy Sithole” at Sahara’s Midrand offices in January 2013. Notably, this meeting was scheduled around the time of a flurry of meetings between Gupta and Kaunda (Sithole’s former boss in Zuma’s private office).

Sithole did not dispute that the meeting took place as scheduled.

A few days after this meeting, Sithole sent Chawla a CV for one Phatse Justice Piitso – a former SACP provincial secretary in Limpopo and South African ambassador to Cuba between 2009 and 2011 – requesting that Chawla “please forward to Tony”.

Again, Sithole is silent on the purpose of her email. As for Piitso, he was – or was soon to be – Sithole’s husband. Sithole told us that she sent the CV “in good faith to a stakeholder and acquaintance [Gupta] and there was never an encouragement of untoward expectations”.

Piitso said that he has sent his CV to many people, but denied that he got “any employment from the Gupta family or anything else from Mr Tony Gupta”. However, Piitso has cropped up recently as a pro-Gupta commentator.

In 2016, Bell Pottinger spin doctor Victoria Geoghegan shared Piitso’s name with a MoneyWeb journalist, as part of a list of “people who had agreed to talk on economic apartheid”.

The Guptas had hired the London-based PR firm on a monthly £100 000-plus (R1.5m-plus) contract, aimed at distracting public attention from the family’s murky business dealings.

Other pro-Gupta commentators and luminaries on the Bell Pottinger list included Andile Mngxitama, Ben Ngubane, Kebby Maphatsoe, Tshepo Kgadima and Lindiwe Zulu.

Earlier in 2017, Piitso also penned an eloquent defence of Brian Molefe, who had been exposed by the public protector as one of the Guptas’ accomplices in the nexus of state capture.

Piitso lavished praise on the former Eskom chief executive – then on his way to Parliament as an MP – calling him “one of the finest young leaders our movement has ever produced”.

In language that has become synonymous with pro-Gupta lobby, Piitso urged Molefe to “take forward the revolutionary programme of the second phase of our transition for radical transformation”.

Piitso ignored our question about his inclusion in the Bell Pottinger list, but said: “The revolutionary concept of white monopoly capital is not an invention of the Gupta family. It is a concept which seeks to define the development of monopoly imperialism and its characteristic features within the South African realities.

Throughout my life, I have written so many views about this important theoretical question and I will continue to do so.”

Piitso added that he did not seek compensation for his written work from any media houses.

Mogotladi “Mo” Mogano: assistant private secretary to the president (pre-2009); chief director in office of the deputy president (post-2009)

Mogano has worked in the Presidency for more than a decade, initially as assistant private secretary to Thabo Mbeki.

When Kgalema Motlanthe became president in September 2008, he inherited her services.

After Zuma succeeded Motlanthe, Mogano moved to the deputy president’s office with him, where she remains under Cyril Ramaphosa.

Because she has been ensconced in the office of Zuma’s main political rivals down the years, whilst married to one of Zuma’s most trusted bodyguards, Mogano’s relationship with the Guptas is worth highlighting. (See Muzingaye Mxolisi Dladla, above.)

Mogano can be linked to the Guptas since at least February 2009, when company registration records show that she became a co-director with Tony Gupta and Zuma’s son Duduzane in Karibu Hospitality.

The company became dormant in 2011 and was deregistered in 2013. Mogano said “nothing came of the venture,” adding that “I resigned before any business could be conducted or any trading could take place.”

We have already seen that a Sahara sister company booked return flights to the Maldives in 2010 for Mogano and her then-husband, the head of the Presidential Protection Service Muzingaye Mxolisi Dladla. Both have denied receiving the gift.

The couple also appears to have lived for a while in a Gupta-owned property, about which Mogano referred our query to Dladla, who in turn ignored it.

A source in the Presidency told us several years ago that Mogano had also “flirted with” a job offer from the Guptas, a tip-off that appears to be borne out by a June 2011 email from the #GuptaLeaks in which Mogano sends her “comprehensive resume” to Tony Gupta.

What job Mogano was applying for remains a mystery – she told us “there was no outcome” and she remains gainfully employed in the Presidency.

For their niece’s wedding at Sun City in 2013, a spreadsheet shows the Guptas allocated a double room for Dladla and a guest for 3 nights.

Mogano confirmed her attendance, with a friend, after her husband dropped out. She added that she had declared the hospitality as a gift in her annual declaration of interests. Mogano now appears keen to dissociate herself from the Guptas and Dladla, from whom she says she separated three years ago.

She concedes: “With concerns of state capture and as valid as they are, I do accept that such associations can raise doubts about one’s professionalism and loyalty to the public service code of conduct.”

But she argued that she joined the Presidency “with the full desire to serve the country and not personalities” and had maintained her top security clearance throughout her decade in service.

“I have not allowed my association with elements of the Gupta family enterprise to influence my work adversely or unethically, but have also learnt from recent events to be more vigilant and judicious in professional relationships,” she said.

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#GuptaLeaks: Delhi Daredevils staff member contacted Guptas for visa assistance http://www.gupta-leaks.com/ajay-gupta/guptaleaks-delhi-daredevils-staff-member-contacted-guptas-for-visa-assistance/ Mon, 12 Jun 2017 10:28:23 +0000 http://www.gupta-leaks.com/?p=365 Leaked emails show that a visa application for somebody connected to the Delhi Daredevils cricket team was expedited when the side made it to the semi-finals of the Champions League T20 in South Africa in 2012. But only after he contacted Ajay Gupta directly.

Much has been written about Malusi Gigaba’s time as Home Affairs Minister. Particularly how a senior Gupta employee, Ashu Chawla, repeatedly asked officials to fast-track visas to benefit Gupta businesses. Now further leaks show that these officials were pulling favours even before he took up the post.

The Gupta family’s love for cricket is well known. Their company, Sahara, had key sponsorships at a number of South Africa’s most loved cricket grounds. More details of their relationships with cricket officials will be revealed at a later stage.

But this particular incident is about more than cricket. It once again asks serious questions about the influence the family has been able to yield at a number of South Africa’s government institutions – and under whose watch it happened.

This story is about a senior official with an Indian Premier League (IPL) team who contacted Ajay Gupta directly when South Africa hosted the now defunct Champions League T20 in 2012.

The tournament that shifted from India to South Africa took place in May that year and the qualified teams knew months beforehand that they would need to follow due process.

Yet, it appears a gentleman by the name of Amrit Mathur, using a private email with a Delhi Daredevils signature, saw no need for such protocol – having friends in high places.

The only Amrit Mathur linked to the Delhi team is the COO.

On 17 October 2012, seven days before the Delhi Daredevils were due to play the Highveld Lions in the semi-finals of the tournament, he sent an email to Ajay saying: “Need your help to get a visa quickly for SA for the CLT 20. Can I get in touch with some official in the High Commission in Delhi ?” [sic]

The next day, Mathur also emailed Ronica Ragavan, who at the time was Oakbay’s financial director, saying: “Appreciate your help to expedite grant of visa.”

He adds: “I would ideally like to travel to South Africa night of Saturday 20th October. Let me know the way forward, specially if I have to contact someone in Delhi after you have put in a word. [sic]”

Chawla requested a few documents and within a couple of days Mathur’s visa was granted, with a note that it was ready for collection from “security at embassy not VFS”.
VFS is the intermediary for visa applications.

After his return from the Champions League, Mathur again emailed Ajay, thanking him for his assistance.

It is not clear from the email correspondence how the two know each other. However, the family did play a key role in bringing the IPL to South Africa in 2009. It seems Mathur knew that the Guptas had friends in high places.

These timelines paint a curious picture. The request was made just a few weeks after Nkosazana Dlamini-Zuma abandoned her post as Minister of Home Affairs to take up the African Union job. Naledi Pandor was running the department at the time.

Scorpio contacted both Mathur and Gupta spokesperson Gary Nadioo to request comment. Neither responded.

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#GuptaLeaks: Did Gigaba and officials grease Gupta gears? http://www.gupta-leaks.com/tony-gupta/guptaleaks-did-gigaba-and-officials-grease-gupta-gears/ Thu, 01 Jun 2017 16:42:08 +0000 http://www.gupta-leaks.com/?p=315 President Jacob Zuma’s sacking of Finance Minister Pravin Gordhan has been explained by many in light of the notion that the national Treasury stood in the way of Zuma’s pet projects. Some of these featured Zuma’s friends, the Guptas, who appear to have waged their own campaign against Treasury.

Gordhan’s replacement was Malusi Gigaba, who inevitably stands under a cloud of suspicion. Thanks to a leaked trove of data from the heart of the Gupta empire, the cloud is growing heavier.

The #GuptaLeaks reveal new evidence that immigration officials may have been captured by the Guptas – including two who were specially positioned in India by Malusi Gigaba’s office when he was home affairs minister.

E-mails show how senior Gupta employee Ashu Chawla repeatedly asked these two and other officials to fast-track visas to benefit Gupta businesses as they moved dozens of employees, associates and family members between South Africa, India and Dubai.

Previous evidence of Gigaba and his advisers’ relations with the Guptas have raised suspicions. These were underscored when President Jacob Zuma – who is close to the Guptas – controversially appointed Gigaba as finance minister in March.

In a string of e-mails, a home affairs official says Gigaba had signed an “instruction” for the two officials to be moved to offices in Mumbai and New Delhi respectively. However, Gigaba’s actual signed letter was not attached to the #GuptaLeaks e-mail.

At least one of the two officials already had a long-standing relationship with the Guptas and their lieutenant, Chawla, through private business projects and having apparently helped with visas in the past.

Chief among Chawla’s contacts in home affairs was one Major Kobese, a music producer and director in home affairs’ foreign office.

Chawla appeared to have Kobese at his beck and call, often asking him to iron out visa troubles. In a number of e-mails, Kobese berated officials for not arranging visas for Chawla, or for not arranging them fast enough – then he forwarded these internal communications to Chawla, suggesting their relationship was closer than arm’s length.

For example, Kobese wrote to an embassy official and complained that she demanded “additional requirements” of a group of nine business people and delayed their trip.

He said: “Please note that, these are not just ordinary travelers but are important business people. We are requesting that you accept the applications from their representative and finalise them today.”

Then he brought in Gigaba: “I have copied the minister’s office on this e-mail, for purposes of feedback.” Two minutes later, Kobese forwarded his comments to the Guptas’ man, Chawla.

In another e-mail, Kobese asks officials to “please assist in clearing the issue of bank statements requirements” for a visa applicant. “Please accept the bank statement of SAHARA as a proof of financial means as the people who are invited by them will be covered by the company.”

Sahara Computers is a Gupta-owned firm where Chawla works. Kobese copied Chawla on this e-mail.

Reversing the flow of goodwill, Kobese sent songs he produced to Chawla, in the hope that they would be used on TV. In one e-mail, he said:
“I read on yesterday’s paper that your guys on ANN7 [the Guptas’ TV station] are working on second season of I Am a South African. I think this song will fit the concept of this program. Please listen to it and give me feedback.”

Chawla dutifully sent the message and the song to managers at ANN7.

Kobese appeared to be central to Gigaba’s two Indian office appointments late in 2015. The officials were Gideon Christians and a “Ms Munyadziwa”.

According to a CV in the file, Christians had worked in immigration for 20 years. In 2008, he moved to SA’s high commission in New Delhi. He stayed in India until 2014 when he moved to Cape Town International Airport as an assistant director in immigration.
Over those years, Christians built a relationship with Chawla and the Guptas.

For example, in 2011, Christians e-mailed a South African third party’s offer to sell “A Grade Coal” to Chawla and another Gupta executive. A month later, Christians sent Chawla a coal sale and purchase agreement with prospective Chinese buyers, “as per my meeting with Mr. Gupta yesterday”.

Chawla and Christians’ relationship grew, with Chawla helping Christians to let his Cape Town property and later to import a motorbike from India.

Meanwhile, Chawla sent Christians many requests for expedited visa approvals. When the Guptas prepared to launch ANN7 in 2013, the flow of e-mails was particularly strong as the new TV station sought to employ Indian nationals in South Africa.

In one e-mail, Chawla told Christians: “As you know we are launching TV on 9th August so we need some more urgent visas to get the project running on time. Maybe I will request more in couple of days. Can you help me to get the below visa done today.”

Then Chawla e-mailed Christians the brand new ANN7 website address. Christian responded: “Nice one biya.” Chawla responded: “Thanks for all the continuous support.”

On another occasion, a Gupta associate wrote to Chawla and Tony Gupta. The associate explained that his colleague had been banned from visiting South Africa after officials found he had sent “fraudulent” immigration documents.

Chawla was asked to “please help in taking this ban removed, I did speak to Tonyji [apparently Tony Gupta] and he thus instructed me to take this up with you [sic]”.
Chawla promptly forwarded the message to Christians. It is not clear what became of the matter.

In another e-mail, Christians sent his CV to Chawla and wrote: “Attached please find as discussed… Please let me know what is going on……Why do you need this??”

The answer was not clear, but Christians sent an updated CV a year later and in October 2015, one of Gigaba’s ministry staffers sent an “approved submission for Strategic

Re-deployment of Officials in Missions”. The document is not available, but subsequent e-mails indicate that Gigaba had approved the transfer of Christians and “Ms Munyadziwa” to missions in New Delhi and Mumbai, respectively.

But officials pushed back. One suggested they were in the dark about the appointments and others explained that there were no vacancies and no budget for the Christians and Munyadziwa appointments.

Chawla’s contact Kobese tried to persuade them otherwise, but he slipped in that “this deployment was done outside the normal recruitment process”.

Eventually Kobese took a stern tone with his colleagues:
“Please note that a decision has been taken by Minister [Gigaba] to deploy both Mr Christians and Ms Munyadziwa… It is my understanding that Minister has issued an instruction and not an opinion or recommendation. Our role is to carry the Minister’s instruction… All we working on at [the foreign office] is to ensure that Minister’s instruction is realized within a short-space of time. … We have no authority to do contrary to what Minister has instructed.”

Separately, both Kobese and Christians forwarded the correspondence to Chawla, outside of the department.

Christians wrote: “Bhiya. Someone sent this to me unofficially … seems there is a fight with HR and [the foreign office] to issue the letter to me… The other issue is the security clearance…
Call me when you can.”

It is not clear if Christians was seeking Chawla’s intervention, however an online report suggests Christians was based at the SA High Commission in New Delhi a year later.

We were not able to positively identify “Ms Munyadziwa”, however the #GuptaLeaks reveal that one Khathu Munyadziwa was in Mumbai by December 2015, when Chawla e-mailed her.

He provided a list of names and passport numbers and said: “Hi Khathu. I hope you doing well and enjoying Mumbai. There visas were submitted today and get it ready tomorrow and send it back to VFS. Thanks Ashu.” [sic]

After her polite response, Ashu wrote again: “Dear Ms Kathu. Thanks for the prompt response. Please make sure it should be done tomorrow. Thanks Ashu.”

And less than 24 hours later: “Dear Ms Khathu. Good Afternoon. Can you please advise me on visa status for below. Thanks Ashu.”

Reporting on the #GuptaLeaks this week, Times Media Group published that when Gigaba was home affairs minister, his adviser Thamsanqa Msomi pressured officials to help Gupta associates get visas.

Further #GuptaLeaks files reveal that, in February 2016, Chawla arranged to fly Msomi to Dubai and put him up at the luxurious Oberoi Hotel for a few days. The Guptas have hosted numerous senior South African officials and politicians at the Oberoi, the #GuptaLeaks reveal.

Chawla also leaned on Gigaba – in a letter addressed to the minister but sent to adviser Msomi, now also a Denel director – to try to get South African citizenship for three members of the Gupta family, including Ajay Gupta’s son.

Chawla’s letter, addressed to “The Honourable Minister, Ministry of Home Affairs, South Africa”, read:

“Request you to reconsider the application which has been rejected by home affairs due to the fact that some of his family members have already acquired South African Citizenship and they have successful business running in South Africa.”

It is not clear if Gigaba reconsidered.

  • No one named in this story was contacted for comment. This is permitted by the South African Press Code in a situation where a publication “has reasonable grounds for believing that by doing so it would be prevented from reporting”. We invite those named in this article to provide us with comment and clarification after publication.

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#GuptaLeaks: Guptas and associates score R5.3bn in locomotives kickbacks http://www.gupta-leaks.com/tony-gupta/guptaleaks-guptas-and-associates-score-r5-3bn-in-locomotives-kickbacks/ Thu, 01 Jun 2017 14:06:12 +0000 http://www.gupta-leaks.com/?p=301 In our first exposé from the #GuptaLeaks, we show how the president’s friends and their associates are diverting billions of rand from Transnet’s purchase of locomotives to their offshore accounts.

In a scheme so audacious and lucrative that it puts the notorious arms deal to shame, they:

  • Entered kickback agreements totalling R5.3-billion with the Chinese manufacturer that became Transnet’s favourite locomotive supplier;
  • Influenced procurement processes through their associates at Transnet;
  • Are pocketing R10-million from each R50-million locomotive that Transnet is buying.

This story presents the most direct evidence yet of the Guptas and their associates amassing fortunes offshore by tolling contracts at state-owned entities they control.

Just over two years ago in Shenzhen, the China mainland boomtown abutting Hong Kong, Salim Essa put his signature to a “business development services agreement”.

Neatly laid out over 19 pages of legalese, the contract seemed standard for the world of trade and investment. A firm named CSR (Hong Kong) Co Ltd had approached another called Tequesta Group Ltd to “provide advisory services” for “Project 359” in South Africa.

Tequesta, represented by Essa, had “a familiarity with [the] regulatory, social, cultural and political framework” in South Africa and could give the necessary assistance. But that is where “standard” ended.

  • Read the contract agreement here or via Dropbox here.
  • Read the #GuptaLeaks emails here.

CSR (Hong Kong) was a subsidiary of China South Rail (CSR), the mainland-based rolling stock manufacturer that had won the biggest share – 359 – of a tender for 1,064 new locomotives that Transnet, South Africa’s state-owned freight operator, had awarded to four suppliers in March 2014.

Essa, a dealmaker and trusted Gupta family lieutenant, was the sole director of Tequesta, also a Hong Kong company. Essa and a CSR executive signed the contract on May 18, 2015.

At the very end of the document there is this provision: “The company [CSR] will not require any proof of delivery of the above services since it is understood that the project would not have materialised without the active efforts of Tequesta to provide the services listed above.”

In other words, the be-all and end-all of Tequesta’s “service” was to have won the tender for CSR 14 months earlier.

And the consideration? The contract records that “Tequesta shall be entitled to an advisory fee of 21%” … of the contract value for Project 359” – a staggering about R3.8-billion of the R18.1-billion contract.

Put differently, more than R10-million of the R50-million that South Africa is paying for each CSR locomotive would be diverted to an offshore company controlled by the Gupta lieutenant.

As will be seen, similar agreements provided for about R1.5-billion more on two smaller Transnet CSR orders, bringing the total to almost R5.3-billion on contracts worth over R25-billion.

The amounts alone elevate the fees beyond consultancy to where only one explanation is possible: that these are the proceeds of corruption.

The interpretation is bolstered by a simple fact: Key decision-makers at Transnet, including those directly involved in its procurement function, were Gupta associates.

The CSR agreements provide the most direct evidence yet that the Guptas and their associates are amassing fortunes offshore by tolling contracts at state-owned entities they control.

Gigaba takes charge

But let us go back to where it began.
After Malusi Gigaba, now finance minister, was appointed to the public enterprises portfolio in late 2010, he shook up the state-owned companies under his control.

This included appointing Iqbal Sharma, an Essa and Gupta friend, to the Transnet board almost immediately, and Brian Molefe, now a known Gupta intimate, as Transnet chief executive in 2011.

Still in 2011, Gigaba reportedly wanted to elevate Sharma to board chair, but this was shot down by his Cabinet colleagues. Sharma was then made chair of the board acquisitions and disposals committee, a new structure to oversee large procurement.

A third important Transnet appointment came in July 2012: that of Anoj Singh as chief financial officer. The procurement function resorted under him.

That same month, July 2012, Transnet issued its tender for 1,064 freight locomotives; 599 electric and the rest diesel. The roughly R50-billion price tag made it South Africa’s largest locomotive procurement yet, the company later said.

Three months later, Transnet announced the outcome of an earlier, “accelerated” tender: CSR would supply 95 electric locomotives. amaBhungane was told at the time that the Guptas would benefit from this award, but was unable to confirm it – until now.

Enter Wood

In December 2012, Transnet appointed a consortium led by global consultants McKinsey to advise on the 1,064 procurement.

As amaBhungane previously reported, advisory firm Regiments Capital, not originally part of the McKinsey consortium, was subsequently included and given an increasingly dominant share of the workload.

Much of this was driven by Singh, who signed the contract amendment bringing in Regiments. For the McKinsey consortium, Regiments director Eric Wood signed.

Wood’s entry is important for two reasons.

One, he too was close to Essa and the Guptas. He remains locked in litigation with his former colleagues at Regiments after he left them to form a competing advisory firm, Trillian Capital Partners, with Essa.

Two, Regiments, then still represented by Wood, was key to determining the outcome of the 1,064 tender.

In a memorandum to Molefe that amaBhungane previously reported on, Singh credited Regiments for a decision to split the tender between four bidders.

Regiments’ purported logic was that even though each manufacturer would charge millions more per locomotive, as it would produce fewer units and sacrifice economies of scale, this would be outweighed by hedging and inflation savings because the locomotives could be delivered earlier.

Be that as it may, when Molefe announced the split tender award on March 17, 2014, CSR was the biggest winner with 359, or 60%, of the 599 electric locomotives sought.
But that was not the end of CSR’s winning streak.

Sharma saves the day

Six months earlier, in October 2013, Transnet’s Sharma e-mailed Rajesh Gupta and senior Gupta employee Ashu Chawla.

By this time, it should be noted, Sharma was about to be a business partner to Essa and the Guptas – he was negotiating his and their imminent joint acquisition of VR Laser, a steel cutting business.

But these e-mails were not about VR Laser.

To Chawla, Sharma sent a memorandum that had been submitted to the acquisitions and disposals committee, which he headed. It motivated for the urgent acquisition by “confinement” – that is, without a tender – of 100 electric locomotives from Japan’s Mitsui & Co pending the finalisation of the 1,064 tender, which had been delayed.

If the Guptas were batting for CSR, the award to a competitor would have threatened their interests. Sharma provided the solution.

To Rajesh Gupta, better known as Tony, Sharma e-mailed two letters: One from him to the department of public enterprises director-general, and the other a draft reply from the director-general.

The letter to the director-general was in the form of Sharma seeking advice from the department, which represents government as Transnet’s shareholder.

But in it Sharma expressed serious doubt about the acquisition, saying: “My own view as chairman … is to decline the request for confinement and procure by way of an open and transparent tender process.”

He added that it “could appear” that Transnet’s freight rail division, which had motivated the acquisition, wanted to favour “particular companies that have enjoyed similar treatment in the past”.

The director-general’s draft reply – which, metadata shows, Sharma authored himself – concluded: “We do not readily support the use of confinement as a method of procurement and in this instance we would urge the [acquisitions and disposals committee] to not grant approval for this procurement with a confinement.”

The record shows that Mitsui & Co did not get the contract for the extra 100 locomotives, but that CSR did. We could find no evidence that this followed an open tender.
End result: By early 2014, CSR had contracts to supply Transnet with 95, 100 and 359 locomotives – 554 units in total.

Singh goes travelling

The ink was barely dry on the 359 contract award when Singh, the Transnet chief financial officer, paid what appears to be the first of multiple visits to Dubai, where he stayed at The Oberoi, the Guptas’ hotel of choice.

Numerous e-mail exchanges show Chawla, the Gupta employee, handling the reservations and in some instances the payment.

In August 2014, Chawla forwarded a Singh reservation to a Gupta associate in Dubai, saying: “Please swipe the card for all charges.”

After an extended December 2015 stay Chawla forwarded Singh’s UAD20, 454 (about R85,000 then) bill to Tony Gupta, who replied: “Ok”.

Singh’s first recorded booking was for a luxury suite from June 6 to 9, 2014, three months after the 1,064 tender award. Tony Gupta had a booking for the same period, but in the presidential suite.

The purpose of Singh’s visits is not clear, but there is evidence of business involvement with the Guptas.

Company documents submitted to the Ras al-Khaimah Investment Authority indicate that on May 1, 2014, Indian national Vivek Sharma transferred ownership in a company, Venus Ltd, to Singh. We could not establish its purpose.

Ras al-Khaimah is one of seven emirates making up the United Arab Emirates. The investment authority provides a highly secretive offshore company jurisdiction.

Vivek Sharma and his father were Gupta associates, numerous e-mail exchanges show. This includes an invitation for Tony Gupta to attend Vivek’s wedding in March 2014.

Counting kickbacks

The #GuptaLeaks include a January 2015 reconciliation of the “receivables” CSR were to pay and had already paid.

It tabulated the value for each of the three Transnet contracts: R2.7-billion, R4.4-billion and R18.1-billion, and the “fee” CSR was to pay on each: R537-million, R924-million and R3.8-billion (21%).

Of the total about R5.3-billion, CSR had by then paid US$124-million (R1.4-billion in January 2015 rands).

But the kickbacks were not being paid directly to Gupta companies at the time – the 95 locomotive “fee” went to a company initialled “CGT”, while in respect of the other two contracts it went to a company initialled “JJT”.

We could not establish CGT’s identity, but JJT is JJ Trading FZE, an Emirati company associated with Piyoosh Goyal, the chair of India’s Worlds Window group, which had a mining joint venture with the Guptas in Mpumalanga.

The reconciliation shows that JJ Trading and CGT were to keep 15% of the CSR payments for themselves, and pay the rest onwards as “expenditures”.

A Gupta whistle-blower told amaBhungane that JJ Trading was essentially a front for the Guptas: it signed the original agreements with CSR but remitted proceeds to Gupta companies.

Presumably the same went for CGT in respect of the 95 locomotives.

The “fronting” relationship was not to last. We do not know why, but one possibility may be Goyal’s exposure to the law in India, where in 2013 the Central Bureau of Investigation placed him under investigation in a high-profile bribery case.

Whichever way, Essa registered Tequesta in Hong Kong in June 2014 and signed the contract with CSR in May 2015, under which the 21%, R3.8-billion “fee” for the 359 locomotives became due to Tequesta.

Bearing out the allegation that JJ Trading had initially fronted for the Guptas, the agreement recorded that a prior agreement with JJ Trading had been cancelled, and made provision for how to handle disputes between the two.

CSR’s delivery of locomotives to Transnet are continuing. And so, presumably, are the kickbacks.

  • No one named in this story was contacted for comment. This is permitted by the South African Press Code in a situation where a publication “has reasonable grounds for believing that by doing so it would be prevented from reporting”. We invite those named in this article to provide us with comment and clarification after publication.
  • The article was updated after publication to include a link to emails from the #GuptaLeaks.

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