Blowing the whistle in an ethics desert |
Publication |
The Herald |
Date | 2010-07-10 |
Reporter | John Houzet |
Web Link | www.theherald.co.za |
Wendy Addison
South Africa’s most famous – some might say
infamous – corporate whistle-blower now lives in
Bushman’s River.
Ten years ago
Wendy Addison blew the lid off LeisureNet, exposing
misconduct in the company that had created the
Health and Racquet Club franchise.
It collapsed with liabilities of R1.2-billion, and
liquidators recovered only a fraction of it.
It took seven years
for the matter to go to court, with former
joint chief executives Rod Mitchell and Peter
Gardener convicted of fraud totalling R12-million
for concealing their interest in a German gym
operation bought by LeisureNet in 1999.
Gardener was sentenced to eight years in jail, and
Mitchell to seven years, but neither man has served
any time as their
appeal is still pending *1. Gardener was also
fined R2.9-million for VAT fraud and insider trading
and received a suspended sentence.
Addison was LeisureNet’s treasurer and had worked
for it for eight years. Alarm bells went off when
she was told to transfer millions of rands of
shareholders’ money to a foreign-based German-named
company.
“The board of directors didn’t even know,” she said,
and delayed making the transfers.
“Normally I would have gone to the auditors, but I
didn’t feel comfortable with them. They were sued
for R200-million by the liquidators. I don’t know
what’s happened to that.
“I didn’t trust anyone I worked with on a senior
level.”
“I contacted (the SA Revenue Service), anonymously
at first. I was too afraid to come in.” She told
them she did not want to contact the auditors as she
did not trust them. There was no whistle-blower
protection then.
She eventually let the money go to the offshore
account. But a month later, forensic accountants,
Sars investigators, liquidators and attorneys walked
into the Cape Town offices and “the 12 executives,
including myself, bar the two guilty parties, were
told to pack our bags and go”.
Her evidence – 32000 pages of testimony – was key to
the trial, but she was not hailed as a hero. The
label of whistle-blower became a stigma.
Not only did she lose her job as the firm folded,
she did not get any severance pay either.
“There is a law that an employee can claim one week
for every year worked as severance. I didn’t know
that. The liquidators didn’t tell me that. But they
used my willingness to expose what had happened.
“I received death threats. I put myself in
self-imposed exile in the UK” where she got a job
with Virgin boss Sir Richard Branson, who had bought
the Health and Racquet clubs. “But when he found out
I was the whistle-blower for what happened at
LeisureNet, he let me go. I ended up begging on the
streets of London with a 12-year-old child.”
It had been “incredibly tough” but she started doing
care work in the UK and now travels back and forth
to South Africa.
But the seed also germinated to address corporate
ethics here.
“Humans know innately and instinctively when
something’s wrong. The key is how to process and
report that information and be protected. I think
South Africa is failing badly in ethics.”
Addison feels rules-based – as opposed to holistic –
codes of conduct do not work.
“People will break the law and codes of conduct.
Ethics can’t be managed through rules.”
She is also pursuing further justice. “I’ve applied
for a pro bono attorney to seek compensation in
terms of the Companies Act, that the (LeisureNet)
directors responsible are held personally
accountable. There are laws the government has put
in place for compensation for someone like me, but
nobody knows about it. People need to know about
it.”
With acknowledgements to John Houzet and The Herald.