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When former Avis MD Wayne Duvenage started OUTA to spearhead a civil disobedience campaign against Gauteng’s e-tolls, because of inside knowledge my sense was this wasn’t going to be just another short-lived protest. We knew each other well at school – I briefly dated his sister – and even then you could see the young Duvenage was different. A free-thinking rebel, he chafed against the command-and-control structure of the education system, often landing in hot water. The Wayne I got to know hasn’t changed much over the decades. He is still a feisty non-conformist, but now possessing patience, persistence and resilience. The kind of person who rapidly emerges in a system where few have the independence to speak truth to power. With the e-tolls war pretty much over, OUTA has changed its name and widened its brief. First battle is to stop plundering of the public purse at South African Airways. OUTA is using damning evidence put into the public domain by forensic investigator Paul O’Sullivan, who returned to SA over the weekend despite threats he’d be arrested again. Duduzile Myeni, chairperson of SAA and the Jacob Zuma Foundation, might have seen off two Finance Ministers, but OUTA and Duvenage brings an altogether different challenge. And as she is about to discover, my old pal from Newcastle goes for the jugular and just never quits. – Alec Hogg
The Organisation Undoing Tax Abuse takes note of the media reports that South African Airways has put the BnP Capital deal on hold. This comes after SAA was placed on extended terms by OUTA’s lawyers where they have until Monday (18th July 2016) to provide an undertaking not to continue with the BnP arrangement, failing which legal action will ensue.
OUTA requires the deal to be cancelled, not to be put on ice. Furthermore, we have requested National Treasury to put BnP Capital on their ‘restricted suppliers’ list for failing to disclose the suspension of their FSB license, which will bar all government institutions from doing business with BnP Capital.
“Our urgent application to interdict the contract is still ready to be launched if need be. SAA cannot simply put the deal ‘on ice’ as we maintain their appointment is completely unlawful, even if BnP manage get the suspension of their FSB licence lifted,” said Ivan Herselman, OUTA director of legal affairs. “Therefore, we still require an undertaking in writing from SAA or their lawyers that they will not proceed with the transaction at all.”
In addition to OUTA’s request for National Treasury to place BnP Capital on its ‘restricted suppliers’ database, OUTA will also request the FSB to revoke their license for continuing to attempt to transact with SAA, after their license had been suspended.
“The medium to long term strategy is still to bring the SAA board to book for constant breaches of their fiduciary duties over a protracted period. The current SAA board and its chairperson should resign, or be removed by the minister or a court order, as we believe they are not fit for office and positions they currently occupy,” Herselman added.
BNP Capital's licence suspended by the Financial Services Board yet Dudu Myeni wants them to restructure SAA. Sies!
— Kgauza wa Lecowza (@KgaugeloSM) July 14, 2016
OUTA will keep a close watch on these transactions at SAA and even if the BnP Capital deal is halted, we would not like to see it replaced with another unlawful or wasteful expenditure decision. This airline does not exist for the enrichment of individuals or companies and all transactions should be conducted at the lowest cost or best outcome for the Airline and thereby, the South African public.
Cyril Ramaphosa: The Audio Biography
Listen to the story of Cyril Ramaphosa's rise to presidential power, narrated by our very own Alec Hogg.