OUTA lays criminal complaint against Tahal directors
The Organisation Undoing Tax Abuse (OUTA) has laid a criminal complaint against the directors of Tahal South Africa (Pty) Ltd, following the plundering of state funds through a dubious contract with the City of Tshwane.
The case was registered by the SAPS with case number CAS239/10/2019 at the Brooklyn Police Station in Pretoria last week.
“The contract price was manipulated from R8m to R30m, for a job that appears to be valued at not more than R1.5m. We laid the complaint with the City of Tshwane in May 2017. Though the City suspended the contract, they failed to act against the culprits,” says Michael Holenstein, OUTA's Inland Regional Manager for Local Government.
“South Africa is in the state that it is because of the failure to hold offenders criminally liable for their actions. We need to get those who plunder our state off our streets and into prison,” says Holenstein.
The tender was awarded to Tahal on 22 April 2015 for three years at a price of R30.664m excluding VAT. The VAT would add another R4.293m.
OUTA's complaint to the SAPS was backed up by an affidavit by Rudie Heyneke, OUTA Portfolio Manager for Transport.
The affidavit names the Tahal directors as David Hirshchowitz (who died in December 2018) and Avishay Eyal. Also named are Aftec Capital Investments and Jet Capital, which both benefited from the contract. Aftec’s director was Selwyn Nathan and Jet’s was Hirshchowitz.
The Tahal CEO was Neshika Pillay-Naidoo. She questioned the deal and, as a result, was suspended by Tahal and eventually lost her job.
OUTA's affidavit also names Jason Ngobeni, who was the Tshwane city manager at the time, and 10 other Tshwane officials.
The affidavit suggests that charges including fraud, corruption and bribery should be investigated against the directors who were involved in the deal.
"We have been mandated by residents of Tshwane who support us to challenge the corruption and maladministration in the City. OUTA is currently challenging the Hammanskraal water quality, e-tolls, the recently signed AARTO Amendment Act and bringing court action to declare Dudu Myeni a delinquent director. We are also investigating a number of other issues that have been brought to our attention by Tshwane residents," says Holenstein
OUTA's statement of May 2017 about our complaint to the City of Tshwane which outlines the problems with the Tahal contract is here.
Rudie Heyneke's affidavit which was used to back up the complaint to the SAPS is here.