Hersov changes tack on DiData after digging deeper into the BEE fronting scandal

Businessman and BizNews regular Rob Hersov has changed his tune on the so-called Dimension Data Six, once damning in his critique of the executives accused of fraud in a scathing High Court judgment. In this follow-up conversation with Alec Hogg, Hersov urges caution, arguing the case was unfairly decided on affidavits alone and deserves to be aired properly in open court. He says reputations, justice and the integrity of South African business are all on the line.Sign up for your early morning brew of the BizNews Insider to keep you up to speed with the content that matters. The newsletter will land in your inbox at 5:30am weekdays. Register here.Support South Africa’s bastion of independent journalism, offering balanced insights on investments, business, and the political economy, by joining BizNews Premium. Register here.If you prefer WhatsApp for updates, sign up to the BizNews channel here..Watch here.Listen here.BizNews Reporter.Nine months after Judge Denise Fisher delivered a blistering ruling against six former executives of Dimension Data, businessman Rob Hersov has taken a more cautious view of what has become one of the most high-profile business scandals in recent South African memory.Speaking to BizNews founder Alec Hogg in a wide-ranging follow-up interview, Hersov stressed the need for a full and proper court process. “You’re innocent until proven guilty – even in South Africa,” he said. “And in this case, we never got there. There were no witnesses, no courtroom cross-examinations, no documentary evidence. Just affidavits.”It’s a far cry from his tone in late 2023, when he described the Dimension Data Six as having set a “terrible precedent for capitalism” and damaging the cause of black economic empowerment. But the recent appeal filed by Jeremy Ord, Doc Watson and their co-accused has clearly given him pause.Hersov, not a lawyer himself, read Judge Fisher’s judgment on the urging of legal friends who likened it to a crime novel. “It was riveting and horrifying,” he recalled. “It painted a picture of amateurish fraud – Keystone Cops stuff. You read that and you think: how could they?”But that was only one side of the story.According to Hersov, the appeal has introduced a range of new factors: the alleged withholding of documents by NTT, the Japanese multinational that bought Dimension Data; claims that Sonia de Bruin – the supposed BEE face of the deal – stole R5 million and is not a credible witness; and even accusations that NTT used a Gupta-linked law firm during the process.Hersov admitted he’s not putting much weight on some of the more dramatic claims. “The Guptas had lots of legal connections – that doesn’t necessarily taint everything,” he said. “But you have to throw everything into your defense, and everything into your attack.”Still, the core of the appeal, he says, is more serious: the contention that the High Court judgment was based solely on affidavits and not on tested evidence. “Affidavits can be bought,” he said. “Anyone who’s been around litigation knows that. And I’m not saying that happened here, but if you're going to drag someone’s name through the mud, you better do it with cross-examination and hard evidence.”He also raised concerns about timing. “The defense argues that the management buyout had already been terminated when the campus purchase took place – and that changes the conflict of interest question entirely,” he explained.The appeal before the Supreme Court of Appeal will determine whether this matter should be reheard in a proper court setting. Hersov believes that’s the only fair path forward – not just for the accused, but for the credibility of South African business.“These were heroes of the South African business scene – Jeremy Ord and Doc Watson were pioneers,” he said. “That doesn’t make them innocent, but if they are, they deserve their reputations back.”The case has echoes of other corporate scandals, from VBS Mutual Bank to Steinhoff, and exposes the fragile balance between accountability and trial by media. Hersov drew comparisons with the way affidavits in the VBS case were overturned when witnesses were granted immunity to tell the truth.“Everyone thought nothing was wrong until they flipped,” he said. “You can’t trust affidavits alone.”Alec Hogg noted that Judge Fisher is widely respected and regarded as thorough, but Hersov pointed to a previous case of hers that was overturned on appeal – a detail the defense team has now latched onto. Whether or not that matters legally, Hersov says the bigger issue is principle.“If the Supreme Court says this must go to trial, then we get to see NTT executives and the DiData team on the stand. We get to hear real answers. And maybe only then will we know who’s telling the truth.”He also offered a nuanced view of the accused executives. “There are different animals in that group,” he said. “Bodley and Masiakos were just part of the consortium. Steve Nathan was more central and had potential conflicts. Jeremy and Doc were trusted by NTT – so what did NTT expect of them? Were they really on both sides of the table, or did the lines blur?”When asked about the possibility of reputational recovery, Hersov was cautiously optimistic. “In South Africa, people bounce back. Jeremy stuck around. He’s appealing the decision. He’s not in exile. That matters.”He concluded with a reminder: “If this had been a criminal trial, judged in open court, with real evidence, and these men were found guilty – then fine. But to be judged guilty based on a one-sided affidavit case? That’s not justice.”With the Supreme Court of Appeal yet to rule, South African business – and its legal system – remains in the dock.

Hersov changes tack on DiData after digging deeper into the BEE fronting scandal

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