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Johannesburg - If Roux Shabangu’s R500m police lease deal is
deemed invalid by the courts, it would have “far-reaching
ramifications” for government’s similar BEE property deals
financed through all the major banks.
This is the contention by Nedbank, which loaned Shabangu
R248m to buy and refurbish the Middestad building in
Pretoria in 2011, in papers lodged with the North Gauteng
High Court this week.
The bank is “intervening” as an “affected” respondent
against the department of public works, which wants the
court to nullify Shabangu’s lease agreement.
In the court papers, Nedbank’s legal head, Lisa Ruch, warns
that all similar property deals “will be in jeopardy” and if
the court ruled in favour of the department, “public sector
funding by the major banking institutions may be materially
and adversely affected”.
“Not only would the validity of the lease agreement and many
similar agreements be affected, but BEE property financing
by Nedbank in general would be seriously compromised,”
contends Ruch.
Nedbank’s litigation comes hot on the heels of an
announcement last week by Minister of Finance
Pravin Gordhan that the
department would probe 3 867 lease contracts worth R300bn
that the department entered into with property companies.
Nedbank’s application adds a twist to the leasing debacle
that has claimed the scalps of two ministers and led to the
suspension of police commissioner
Bheki Cele and two
directors-general.
The bank is blaming senior department officials, including
axed Minister of Public Works
Gwen Mahlangu-Nkabinde,
for the police leasing debacle and said it wanted to
withdraw from funding Shabangu’s purchase of the Middestad
building in Pretoria, but the department reassured Nedbank
the lease was valid.
Nedbank’s affidavit reveals that on more than seven
occasions the department gave Nedbank “repeated assurances”
that it would honour the lease and proper processes were
followed when the lease was signed.
Ruch claims that in a meeting on September 14 2010 between
the department and representatives of the five major banks –
Standard Bank, FirstRand Bank, Absa, Investec and Nedbank –
suspended public works director-general Siviwe Dongwana
reassured the executives that none of the leases signed by
the department would be set aside due to the controversy
over Shabangu’s lease with the department.
According to Ruch, this was after the banks expressed
concerns about the department not fully committing to
Shabangu’s lease agreement despite Shabangu’s lease being
similar to leases used by all banks to fund mainly
government BEE property deals.
Nedbank argues that the main reason banks have doled out
finance for property is because the financee, like Shabangu,
held a valid and binding lease.
“This is because the funding model used in this case is
widely employed by the banking industry in order to provide
public sector funding.
“This funding is entirely reliant on the validity of the
underlying government leases and the efficiencies of the
department in making monthly rental payments,” says Nedbank.
Ruch contends that the department gave reassurances that the
lease agreement complied with sections 66 and 68 of the
Public Finance Management Act, Treasury regulations and the
department’s BEE strategy
tender policies.
But the department’s assurances contradicted Public
Protector Thuli Madonsela’s finding last year that
Shabangu’s lease was unlawful and invalid.
State attorney Moipone Mosidi said they were studying
Nedbank’s application and were yet to decide whether to
oppose it, although last year her office had declined the
bank’s request to intervene in the case.
There are fears that if the public works investigation into
the leases uncovers more rot, companies that are found to be
on the wrong side of the law could face Shabangu’s fate, and
the funders of those lease contracts could find themselves
in Nedbank’s position.
But if banks are anxious about the outcome of the
department’s case against Shabangu, they are not showing it.
Instead, banks approached by City Press for comment welcomed
Gordhan’s announcement of a probe into leases.
Said Marcel de Klerk, an executive from Absa retail and
business banking unit: “We have taken note of the
investigation by the department of public works and would
support any measure that ensures improved transparency.
“We are engaging with the Banking Association of South
Africa and the department of public works in this regard. We
are comfortable with our existing exposure to the department
and all lease commitments are being met.”
Sizwe Nxasana, the chief
executive of banking group FirstRand, said he was not
concerned about its outcome.
“The investigation is not a major issue in our lives. I am
not losing sleep over it,” Nxasana said.
Billion Group, led by property tycoon
Sisa Ngebulana, said it
was hoping for a speedy conclusion to the investigation.
Said Mike Rodel, Billion Group’s chief operating officer:
“We believe the (tendering) system is not as transparent as
it could be. It is in everybody’s interest that the
investigation is concluded as soon as possible so that the
government can move forward with awarding new leases for new
office space.”
- City Press

Michael-
March 4, 2012 at 19:00
Nedbank is a Third African Bank who have been
saved from Bankruptcy four times , The first
time in the 70's with the Louis Lyte Deal in
Richards Bay. They steel money every month from
our Corporate Accounts , and our staff complain
about fees they are taking from them as well .
Nedbank authorise a Company
NUDEBT
in Alberton have private details of peoples Bank
Accounts and then let NUDEBT remove money from
your accounts. It is not safe to Bank with
Nedbank , and it is far safer to keep your money
at home under your bed than to let Nedbank
operate your savings or Investment account and
Steel your Money.Moodie should down grade them
to a D minus. |

Paul-
March 4, 2012 at 15:58
LOL... Yes Nedbank. How could this possibly affect BEE
deals? There was no tender. Should that not have set off the
alarms. Nedbank is already in the crapper with Pinnacle as
well. From their dealings with Pinnacle, I would say their
hands are far from clean when it comes to supporting BEE. I
laud the government for investigating the corruption.

Tshekedi-
March 4, 2012 at 22:05
I totally agreen with you Paul. Nedbank seems to be playing
an unfair game with the Property BEE deals. Pinnacle's share
is worth 0.01c at the moment with with how they played their
hand with Pinnacle and ABSA on a single equity stock. I now
wonder, on their principles, if they are again involved.

Kevin-
March 5, 2012 at 06:29
COME ON NEDBANK - ANSWER THE QUESTIONS.I WILL NEVER DEAL
WITH THIS BANK

goyougoodthing-
March 4, 2012 at 16:03
Screw all the banks, they were all fully aware of not only
the situation, but also that is was and is ethically flawed.
They only care about money, not citizens.
Screw them all.

Craig-
March 4, 2012 at 16:58
Nice to see the Banks get screwed for a change, but they
just gonna put up their Bank Charges 10% to recover money.
Life is tough as "Joe Public"

brett.macdonald1-
March 4, 2012 at 16:03
Take the knock Nedbank! If you buy a stilen car, it still
belongs to the original owner! It will teach you to get
yourself involved in insider-trading with corrupt
politicians!

acsteyn-
March 4, 2012 at 16:06
HOW ABOUT RACISM IN REVERSE?
BEE property deals financed through all the major banks.
Ruch contends that the Public Works department gave
reassurances that the lease agreement complied with sections
66 and 68 of the Public Finance Management Act, Treasury
regulations and the department’s BEE strategy tender
policies.
Said Mike Rodel, Billion Group’s chief operating officer:
“We believe the (tendering) system is not as transparent as
it could be. It is in everybody’s interest that the
investigation is concluded as soon as possible so that the
government can move forward with awarding new leases for new
office space.”
Racism is never transparant when it comes to money, is it?

Didi
Schoeman-
March 4, 2012 at 16:08
I'm pretty sure Nedbank knew exactly what they where getting
into... Over inflated rentals and dodgy BEE property deals,
its a very long gravy train and they knowingly facilitated
it. Trying to cash into a corrupt system is bound to get you
burned as many companies are going to find out... What comes
around goes around!

trevor.padayachee-
March 4, 2012 at 16:18
Nedbank is just worried about the loss of revenue should
this deal be cancelled, my concern is that many corporates
both SA and multi-nationals are doing "deals" with both
goverment and individuals that they would have shunned 5-10
years and this all in the name of greed. In the case of
public works leasing buildings from people like Roux
Shabangu, why can't the department get treasury/SARB to fund
these leases or even better buy these buildings instead of
outsourcing to companies that rely on banks to fund the
deals who anyway get their money from the reserve bank. This
is when I have to question Capitalism???

Paul-
March 4, 2012 at 16:55
I agree with trevor. Why does government not purchase or
build offices. Why the middle man?

Kevin-
March 5, 2012 at 06:28
They deserve to not only lose revenue earned at the expense
of the taxpayer , someone must do time.

Craig-
March 4, 2012 at 16:47
Tsk...Tsk...Tsk... and the Banks trusted the Goverment to
tell them the truth???
You IDIOTS... hehehehe

louis.langenhoven-
March 4, 2012 at 17:05
I'm afraid two wrongs don't make a right Nedbank...(and I
bank my meager little earnings with you nogal!) I guess what
needs to be done is to find all the persons guilty of
corruption, take them to the cleaners and Nedbank can get
whats left...if anything. Then you will increase our bank
costs again to the 9'th but we are used to that already...

Sam-
March 4, 2012 at 17:51
Wow, a lot of knee-jerk bank haters here, whose prejudice
seems to be taking the place of rational thought.
The contract in question may well not have been properly
authorised, but if it was correctly signed then that doesn't
make it fraudulent as such. The whole system would collapse
like a house of cards if one party to a contract could
cancel at the drop of a hat. Nedbank in this case is a third
party who entered into a loan agreement on the strength of a
government contract held by their client, and it appears to
have exercised due diligence by confirming the validity of
the contract with the Department.
What else was Nedbank supposed to do? It's easy with
hindsight, but that isn't how real life works.
Even if Fin24 readers don't want their fun spoiled...

goyougoodthing-
March 4, 2012 at 18:27
Sam this is not knee jerk. The 'legality' of these contracts
does not make them 'morally right'. They deserve what they
get. They are basically all thieves, banks and government
alike.

Mitch-
March 4, 2012 at 18:35
Valid point.... HOWEVER this transaction smacked of
corruption and Nedbank should have questioned this deal when
it was first tabled. Surely the exhorbitant rentals that
were going to be paid versus the purchase price of the
property should have set off alarm bells? Did Nedbank not
think of questioning the ethics of being party to the deal?
or were some "fortunate" Nedbank employees "paid" to grant
the facility?

Mitch-
March 4, 2012 at 18:37
Valid point.... HOWEVER this transaction smacked of
corruption and Nedbank should have questioned this deal when
it was first tabled. Surely the exhorbitant rentals that
were going to be paid versus the purchase price of the
property should have set off alarm bells? Did Nedbank not
think of questioning the ethics of being party to the deal?
or were some "fortunate" Nedbank employees "paid" to grant
the facility?

Hugh-
March 4, 2012 at 18:54
Try the same tricks with a bank and they will throw you out
the door at the blink of an eye. When the boot is on the
other foot they can smell a blatent rip off.
What I cannot understand is that under FICA banks have an
obligation to report on the possibility of criminal activity
Or does the bank see the rip of the tax payer as not being
criminal.

braamc-
March 4, 2012 at 18:12
I wish it hits your bottom line, filthy corrupt bank anyhow.

Derek
Gerber-
March 5, 2012 at 05:45
They should have done their homework. The banks are part and
parcel of supporting corruption when it suits them. Where
does all the corrupt officials bank? What about the
so-called FICA procedures that should establish the sources
if deposits?

Kevin-
March 5, 2012 at 06:26
At such an inflated price Nedbank must have known this was a
scam. There property division would have known the lease was
ridiculous.Nedbank had a duty to the public and
taxpayer.Sounds like alot of people are running scared and
quickly trying to cover their arses, There are norms in the
industry and it would be nice to see if even one of the
lease deals makes it into the norms.

Comrade-
March 5, 2012 at 07:08
no wonder Nedbank turned down my vehicle finance loan last
year.....it spent all its funds on FLAWED B E E DEALS!...
NEDBANK - YOU SUCK!!

Grant-
March 5, 2012 at 07:21
South African society is corrupt fom the head (Zuma) down to
the lowest official who feels that if the bosses are coining
it, why can't they get a piece of the pie?
If all corrupt offials were arrested there would be nobody
to run the country.
I don't know all the ins and outs of this case but I presume
if Nedbank got repeated assurances from the department of
public works (in black and white) then the bank can sue and
the tax-payer foots the bill again.
Sadly we've become just another failed African state.
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