SIU
The Special Tribunal has ordered multinational software giant SAP to reimburse the Special Investigating Unit (SIU) a hefty sum of R500 million.
The decision follows a recent settlement that acknowledges the invalidity of two substantial Eskom contracts awarded to SAP during the period of 2013 to 2016.
An SIU spokesperson elaborated on the precarious nature of the contracts in question, heralding the tribunal’s decision as a triumph for lawful procurement and public financial responsibility. “Eskom and SAP entered into two contracts, the Enabling Agreement and the Cloud Services Agreement, worth approximately R1.1 billion.
The Special Tribunal order has also declared that the two contracts are constitutionally invalid and therefore set aside,” asserted the SIU representative.
This significant development underscores the rigor with which the SIU pursues its mandate to redress improprieties within state entities. “The order of the Special Tribunal is part of the implementation of the SIU investigation outcomes and consequence management to recover financial losses suffered by State institutions due to negligence or corruption. The settlement agreement does not absolve SAP or any implicated party from possible prosecution,” the SIU clarified.
The tribunal’s scrutiny shone a light on the shadowy proceedings between Eskom and SAP, revealing questionable arrangements with CAD House CC, a company tethered to the infamous Gupta family. “SIU findings revealed that the Enabling Agreement and the Cloud Services Agreement did not comply with the Public Finance Management Act, which resulted in Eskom incurring fruitless and wasteful expenditures in respect of the agreements,” the SIU informed.
With the ruling handed down, SAP is now compelled to settle the substantial amount within a week, marking an assertive step towards rectifying procurement misconduct. “The SIU is empowered to institute civil action in the High Court or a Special Tribunal in its name, to correct any wrongdoing uncovered during its investigations caused by acts of corruption, fraud or maladministration,” conveyed the SIU.
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