SEKUNJALO Investment Holdings (Sekunjalo), its group companies and chairman Dr Iqbal Survé said on Wednesday they were pleased commissioners Gill Marcus and Emmanuel Lediga had withdrawn their notice to oppose the review.
On Tuesday, Marcus and Lediga officially submitted their notice of intention to withdraw opposition to the official review of the report they helped compile.
The black-owned conglomerate took the Mpati Commission Report into alleged impropriety at the Public Investment Corporation (PIC) to the High Court of South Africa for an urgent formal review of its contents and to have it set aside.
Survé said Sekunjalo’s detractors had used the report against the group and its subsidiaries even though the commission had never proved any misconduct by Sekunjalo.
“This is a significant victory for Sekunjalo and its Group companies. For Sekunjalo, this signifies that the review of the Mpati Commission report by retired Judge, Advocate Willem Heath has merit and is being taken seriously. As it should.
“This is something the State should also note, as in failing to provide the full record of the Mpati Commission Review to Sekunjalo’s legal team, the State is hampering the legal process and from justice being served,” read the statement.
In his review of the report, Heath remarked the Mpati Commission Report was a “grave injustice” to Sekunjalo.
“Yesterday’s developments reinforce Sekunjalo’s stance and Heath’s observations and concerns and confirm that the Group was correct in proceeding with their request for a formal and urgent official review of a document, that has needlessly caused the entire Group untold reputational damage,” Sekunjalo said.
Among others, the Heath review found:
- Sekunjalo Investment Holdings (SIH) was never part of the terms of reference of the Mpati Commission.
- The term malfeasance cannot be applied to Sekunjalo.
- The conduct, findings and recommendations of the Mpati Commission were irreparably tainted by illegality.
- The commission failed in complying with its terms of reference and its rules.