🔒 Boardroom Talk: HSF shoots its Bain arrow at a DOJ bullseye that most others appear to have missed

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When South Africa’s future historians reflect on the past couple of decades, they are sure to applaud NGOs like OUTA, the IRR, Forensics for Justice and others. Sure to be right up there on their honour roll will be the Helen Suzman Foundation. A fearless, focused champion of SA’s democracy, it is now shooting at a target others appear to have missed.

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In a quite brilliant three page letter last week (click here), HSF’s new director Nicole Fritz nudges the US Department of Justice to simply do its job and investigate Boston-based Bain & Co. Fritz lays out the evidence so clearly that in terms of the US Anti-Corruption Strategy and other laws, America’s enforcers have no option but to re-open the case.

Bain’s defence, which the DOJ appears to have believed, is based on an investigation it commissioned from law firm Baker McKenzie. But, Fritz writes, that report was never submitted to public scrutiny. And whatever it said appears to directly contradict “two separate judicial commissions, chaired by eminent SA judges.”

In simple terms, Bain bought its way into a pool of plunderers by paying several hundred thousand dollars to Ambrolite, “a shadowy intermediary”, whose sole service was providing access to Zuma. Between 2012 and 2014, Ambrolite facilitated 17 meetings between Bain SA’s bossman and the then president. From there, State contracts flowed (and still do). An open and shut case. The ball is now in the court of Biden’s DOJ. Nice one, Nicole.

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