Question NW2826 to the Minister of Finance

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18 December 2018 - NW2826

Profile picture: Lees, Mr RA

Lees, Mr RA to ask the Minister of Finance

Whether the Independent Regulatory Board for Auditors (IRBA) received any reports of reportable irregularities, in terms of section 45 of the Auditing Profession Act, Act 26 of 2005, in respect of each major public entity as outlined in Schedule 2 of the Public Finance Management Act, Act 1 of 1999, since 3 August 2017; if not, why not; if so, (a) on what date was each report received, (b) what is the name of the auditor from which each such report was received, (c) what are the details of the matters addressed in each report and (e) what action was taken following receipt of each such report by the IRBA?

Reply:

The IRBA hereby declares that the following RI’s were declared to us:

IRBA Reference Number

Public Entity

Date of 1st RI report

Date of 2nd RI report

Name of Registered Auditor

Firm

Particulars of matters addressed in report

Status of RI

Action(s) undertaken by the IRBA - if any

2018/0240

Eskom Pension and Provident Fund

03-Aug-17

03-Aug-17

Clinton Mitchelson

PWC

A trustee shared confidential information that was solicited by the fund's Board with the trade union to which the said trustee is affiliated, which the fund alleged to be a breach of the fiduciary duties owed by the particular trustee to the fund.

RI not continuing

None

2018/0429

Servcon Housing Solutions (Pty) Ltd

16-Oct-17

15-Nov-17

NC Soopal

Nexia SAB&T

Annual financial statements for the financial years ending 31 March 2013, 2014, 2015, 2016 and 2017 have not been prepared

RI continuing

RI report onwards sent to the CIPC and to SARS.

2018/0686

Eskom Holdings SOC Limited

29-Nov-17

27-Dec-17

Aaron Mthimunye

SNG

RI involves multiple unlawful activities, including:
1) Contract awarded to McKinsey and Company whilst not meeting the sole supplier justification criteria;
2) Mckinsey subcontracting work to Trillian Management Consultancy in contravention of the PPPFA;
3) Guarantee provided to Tegeta Exploration and Resources on behalf of Eskom by the suspended CEO for the purchase of the Optimum Coal Mine without it having any commercial purpose etc.

RI continuing

RI report onwards sent to the AG, the CIPC, the Department of Public Enterprises and the JSE.

2019/0057

Eskom Holdings SOC Limited

11-May-18

21-Jun-18

Aaron Mthimunye

SNG

RI involves multiple unlawful activities, including:
1) Distribution of confidential documents by a senior official;
2) Payments made to Trillian Management Consulting in the absence of a contract;
3) Alleged bribery in the awarding of an ICT contract etc.

RI continuing

RI report onwards sent to the AG, CIPC, the Department of Public Enterprises, the JSE, the DPCI, the FIC and National Treasury.

2019/0110

Eskom Finance Company SOC Limited

04-Jun-18

03-Jul-18

K Hlajoane

SNG

CIPC records are outdated

RI not continuing

None

2019/0111

Transnet SOC Limited

04-Jun-18

04-Jul-18

Alex Philippou

SNG

Multiple instances of alleged unlawful activities involving contraventions of the PFMA, the Companies Act, Transnet's Procurement Procedure Manual, National Treasury Instruction Notes etc.

RI continuing

RI report onwards sent to the AG, CIPC, the Department of Public Enterprises, the JSE and National Treasury.

2019/0232

Alexkor SOC Limited

11-Jul-18

08-Aug-18

Luvo Mvinjwa

SNG

Multiple instances of alleged unlawful activities involving contraventions of the PFMA, the Companies Act, National Treasury Instruction Notes etc.

RI continuing

RI report onwards sent to the AG, CIPC, the Department of Public Enterprises and National Treasury.

2019/0318

Transnet Ontspanningsklub Groeppensionfonds

13-Aug-18

13-Aug-18

I Potgieter

PKF

Various statutory valuations for the fund are outstanding.

RI continuing

RI report onwards sent to the FSCA (old FSB)

2019/0356

Trans-Caledon Tunnel Authority

30-Aug-18

29-Sep-18

E van Rooyen

E&Y

A forensic investigation concluded that the selection of a particular contractor on a single-source base was flawed and that the CEO at the time was suspected of colluding with the said contractor. A criminal investigation was ongoing at the time of RI reporting and the contentious contract was cancelled.

RI not continuing

None

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