Transnet has been crippled by corruption and mismanagement. File
TWO ex-Transnet managers are set to pay back more for bribes from two companies that received nearly R140 million in rental payments over four years.
Former Transnet group executive: property Zakhele Lebelo and coastal regional manager Phathutshedzo Mashamba must now pay more for the millions of rand in kickbacks from two service providers, Superfecta Trading 209 and BBDM Bros Advertising Agency, between 2015 and 2018 in exchange for nearly R140m in rental payments during this period.
The Special Investigating Unit (SIU) took Lebelo and Mashamba back to the tribunal after uncovering new evidence that they received more in bribes than originally thought.
Special Tribunal president Judge Lebogang Modiba has directed Lebelo to pay to Transnet about R5.2m which he unlawfully received as a bribe, gratification, and secret profits while employed at the troubled state-owned rail, logistics, port and pipeline company.
Transnet wanted the tribunal to amend its earlier ruling to include an order in terms of which Lebelo is directed to pay a further amount of R100 000 as the bribe, gratification and secret profits he unlawfully received following his resignation from Transnet for his role in the Superfecta contracts.
The entity also wanted Mashamba to be directed to pay R2.3m instead of R2m for the bribe, gratification and secret profits he unlawfully received while employed at Transnet for his role in the Superfecta contracts.
In addition, Transnet wanted Mashamba to pay R4.5m he unlawfully received while employed at Transnet for his role in the BBDM contracts with Transnet.
“They seek an amendment to increase this amount to R5 113 255 to recover an additional R613 255 from Mashamba as additional bribes, undue gratification and secret profits he received pursuant to the BBDM lease, through an entity called Dundubala Trading CC, trading as Dundubala Projects,” reads Judge Modiba’s ruling.
She directed Lebelo to pay Transnet almost R5.2m and the additional amount of R100 000 he unlawfully received following his resignation from entity for his role in the Superfecta contracts with Transnet.
Mashamba was also ordered to pay Transnet R2.3mhe unlawfully received while employed at Transnet for his role in the Superfecta contracts as well as about R5.1m he for his role in the BBDM contracts.
Superfecta told the tribunal that the SIU’s proposed amendments introduces the new cause of action or raises alternatively new issues for the first time in the replying affidavit.
“No explanation is tendered for the belated proposed amendments. The proposed amendments are not bona fide (genuine). Superfecta will suffer prejudice which cannot be compensated by an order of costs, and granting of leave to amend is not in the interest of justice,” the company pleaded.
However, Judge Modiba found that proposed amendments do not introduce a new cause of action.
“They relate to the same cause of action that is set out in the applicants’ founding papers, namely, the recovery of monies Lebelo is alleged to have unlawfully received as the bribe, gratification and secret profits he unlawfully received while employed at Transnet for his role in the Superfecta contracts with Transnet,” she explained.
loyiso.sidimba@inl.co.za