RETIRED Judge Willem Heath has cleared the Sekunjalo group and related entities of wrongdoing in a scathing review report of the proceedings and findings of the Mpati Commission of Inquiry into alleged impropriety at the Public Investment Corporation (PIC).
Heath in his extensive report released on Monday found that the commission could be rendered illegal. Heath also found that there were critical documents missing from the commission’s website that were of public interest.
He said the commission effectively failed to provide evidence and critical facts and it also did not give some of the targetted entities a chance to appear before it to tell their side of the story, which makes it open to claims for damages and restitution.
The Heath Report found That
1. Sekunjalo Investment Holdings (SIH) was never part of the terms of reference of the Mpati Commission
2. The term malfeasance cannot be applied to Sekunjalo
3. The conduct, findings and recommendations of the Mpati Commission was irreparably tainted by illegality
4. The commission failed in complying with its terms of reference and its rules
However, the report refers to the Sekunjalo Group which conflates Sekunjalo Investment Holdings (SIH) with AYO. Sekunjalo Investment Holdings is an indirect investor in AYO and therefore there is no basis for the commission to impute AYO matters to Sekunjalo.
Heath also found that the term “malfeasance” – used in the Mpati Commission in reference to Sekunjalo was incorrect and unfairly tarnished the reputation of the companies.
“The term malfeasance cannot be applied to Sekunjalo as it is a private company. In any event without no evidence on the part of Sekunjalo and therefore it is incorrect to have tarnished the reputation of the company by inserting this term next to their name after having gone through all the testimonies and affidavits other than hearsay inferences and allegations there is no evidence provided of any Sekunjalo wrongdoing,” said Heath.
“The entire proceedings of the commission are also tainted by illegality due to the Evidence Leader not having acted in good faith and failed to observe and apply the principles of natural justice,” said Heath
Speaking after receiving the report SIH executive chairperson Dr Iqbal Survé said he welcomed the report, which he described as having exonerated Sekunjalo, its related companies and executives.
“Sekunjalo is pleased with the Judge’s findings and this is what we have been saying all along, that we have done nothing wrong. The Mpati Commission recommended that an investigation be carried out and we have done that,” said Survé.
Heath, a retired judge has been part of the legal fraternity for a number of decades and previously practised as Senior Counsel, was appointed to the High Court Bench, served as head of the Heath Commission and was appointed as the inaugural head of the Special Investigating Unit.
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