Publication: Business Day Issued: Date: 2003-07-31 Reporter: Tim Cohen

Maharaj's Words Come Back to Bite Him

 

Publication

Business Day

Date 2003-07-31

Reporter

Tim Cohen

Web Link

www.bday.co.za

 

It is terrible how your words can come back to bite you . Former transport minister Mac Maharaj was asked some time ago what motto he lived by. "Take it easy, but take it," was his response.

Now the question of what was taken when and by whom has become a focus of a dual investigation, one by the Deloitte & Touche forensic team on behalf of FirstRand, and another by the Scorpions. While the probe into the arms deal is reaching its peak, dragging in Deputy President Jacob Zuma, another lesser known investigation is taking place with potentially equally disturbing consequences.

The common factor is Durban businessman Schabir Shaik, who had to endure a marathon sevenhour questioning by the Scorpions on Tuesday and a five-hour session with a Deloitte & Touche team on Monday.

The questions were wideranging and involved a series of payments worth about R500 000 to Maharaj's account while he was transport minister and afterwards, from one of Shaik's firms.

One of the aspects of the questioning revolves around work done by Maharaj's wife, Zarina, who cuts a swathe on the Durban social circuit. Both Maharaj and his wife have been subpoenaed and subjected to questioning by the Scorpions.

This week it was Shaik's turn. Part of the problem for Shaik and Maharaj is that, at a superficial level, the circumstantial evidence pointing to a conflict of interest is apparent for all to see.

During his term of office Maharaj was one of the most aggressive advocates of publicprivate partnerships and a variety of companies in which Shaik is involved were beneficiaries of some of the biggest outsourcing government deals, including the N3 toll road consortium and the contract to provide SA with credit card-style drivers' licences.

When the N3 toll road project was signed in 1999, it was the biggest concession contract signed by government. The total project value was estimated at the time to be worth R3,5bn and involved a 30-year contract, which included building a 418km-long toll road.

Some of the biggest names in construction, including Grintek and LTA, were part of the winning consortium. Shaik's company, Nkobi Holdings, was one of several black empowerment companies that formed part of the consortium, and this company owns 6,5% of the overall consortium.

The driver's licence contract was not as huge in terms of overall cash spent, but it too, at R265m, was substantial.

Shaik says that although he won some contracts during Maharaj's term of office, he lost more than he won ; the contract for the driver's licence contract was handed to another company and this was only reversed after the intervention of the tender board.

While some of the road contracts in which his company was involved were indeed won after Maharaj's term, it remains a problem for Shaik that the biggest of them all, the N3 , was won while Maharaj was minister.

It does not look good, and this is now more of a problem for FirstRand than it is for Nkobi Holdings. Maharaj was appointed to the FirstRand board shortly after he stood down as minister.

FirstRand was the lead financier of the N3 consortium and this connection is viewed askance, particularly as some countries have "swing-door" laws that prohibit movements of personnel at such a close proximity.

FirstRand is still to decide what to do, and its job is not made easier by the other larger investigation into the arms deal.

With acknowledgements to Tim Cohen and Business Day.