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SAA to sue Ngqula for R31m

Jul 20 2010 14:00 James-Brent Styan & Sapa Print this article  |  Email article

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Johannesburg - South African Airways (SAA) announced on Tuesday it plans to sue its former CEO Khaya Ngqula for R30.8m, following a forensic investigation by KPMG which found Ngqula exceeded his mandate.

SAA chairperson Cheryl Carolus said steps would be taken to recover R27m spent on retention bonuses for SAA employees under Ngqula, which exceeded his authority.

"This R27 million was in excess of the maximum financial limit and such excesses were not authorised by the board," said Carolus.

The board would also seek to recover R3.3m for the hiring of hospitality suites in various sports stadiums, and institute action to regain at least R500 000 spent on free junkets for Ngqula's friends.

"Against advice given to him both internally and externally, he signed these leases for suites that were seldom utilised," Carolus said. "He (also) organised overseas trips for friends and associates to the 2006 FIFA World Cup, the Rugby World Cup in 2007 and the ATP Tennis Tournament in 2008.

"Our attorneys have requested an interview with Mr Ngqula to seek his response to matters raised in KPMG's reports but he stipulated conditions for the interview that were unacceptable to the SAA board, so no interview took place," Carolus said. "We then proceeded on the basis of the evidence."

Summons was in the process of being served on Ngqula in respect of the retention bonus claim, and it was anticipated that a second summons dealing with the remaining matters would be served on him soon. 

Controls and processes

The investigation, which commenced in February 2009, consisted of two parts.

The first phase was an investigation into allegations that Ngqula was guilty of tender irregularities and fraud. He left the state-owned airline under a cloud in February 2009, after accepting a golden handshake of about R8m.

The probe's second phase investigated procurement and management issues at SAA, and included all significant transactions between 2003 and 2009.

André Viljoen was CEO of the airline at the time. SAA at present refuses to divulge other officials and parties fingered by the report.

Carolus said while the KPMG forensic audit had been prompted by allegations largely against Ngqula, the outcome had shown that there were various weaknesses in SAA's internal controls and procurement processes.

"As a consequence of this, SAA has already introduced measures to improve financial and risk management in its business," Carolus said.

 - Sake24.com

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Traveller Jul 21 2010 16:02
@Linda - As said in my earlier comment, this has got personal agenda written all over it. Even if there was a ethics policy in place around vendor selection, i assure you the CEO has the right to change it. lets start talking about Allan Knott-Craig if you want to look at a prime example about nepotism and self wealth, and getting away with it, and being given a nice hand shake ... I guess the key difference is that ANK was successful, and Khaya useless ... It takes a special entrepreneurial spirit to make an airline profitable, even BA run at a loss. Virgin Atlantic have succeeded, but only because of the highly optimised operations and effective product set it has.
 
Linda Jul 21 2010 13:11
GRANSTANDING CASE, DONT HOLD YOUR BREADTH 1.A CEO has authority to spend money on marketing , sponsorship and hosptality as long as it is withing the Board approved budget. 2. A ceo has authority to enter into retention packages with key and scarce skills as long as it is withing the Board approved Employee costs. Allthis is common practise in EVERY company. Does the board that wants to decide on sponsorships and marketing campaigns and invitees not appear meddlesome ? I do not think this case will succeed. It is just grandstanding. Sue him only for the contracts which were awarded with conflict of interest , even then there better be an approved ethics policy in the organisation first.
 
chris Jul 21 2010 10:31
Corruption is found in all countries, it is what is DONE about it that matters. Naturally, if it is not confronted and punished, it continues and grows. I want to see Ngcula investigated for his time in the Develoment Corporation, and specifically his handling of Mittal Steel buying into ISCOR. Following from that, how did he fund the purchase of his villa in France?
 
ajg Jul 21 2010 06:55
what about all the other billions that have been stolen or miss used from other parastatalls and government department. if you add it all up that money would have been enough to hold another world cup in south africa. ministers that was in charge of those companies or current ministers must be held accountable for such waiste of tax payers money. because it is not their money they can just abuse it. they have no respect for the people of this country. compare this to a private company in south africaa and management abuses the companies money - how long do you think that company will last financially ?
 
Elanos Jul 20 2010 23:37
Khaya ...uummmmmmmm knew him when he was still at the IDC ....had my reservations about him .....cud see right thru him ..........all talk to the right people, at the right time, though it was hogwash, it washed down ok with people like Alec Erwin .....what did Khaya know?? !!!! guess he did not know (still does not) the difference between a plane or train if he saw one ....no surprise SAA when under ......anyone for coffee, tea or cocaine??
 
Andy Jul 20 2010 21:39
With their lawyers, SAA hasn't a chance!
 
Steve Jul 20 2010 21:18
Its time for SAA to close down,forever.byeeee
 
Craig Jul 20 2010 17:56
Reuben September, Thami , Stafford Augustine and Marius Mostert are next, for the stealing Telkom shareholders monies through fraudulent tender awards. Caroulous has shown she has "balls", does Molobela?
 
Patches Jul 20 2010 17:45
Coleman stole R600m, SAA for the past 8years got millions from the tax payers, bonusses were paid and salary increases...both his predecessors got healthy wealthy from SAA...Matia ramos did nothing for Transnet and still got a hefty package..all ANC corruption
 
ENEMY Jul 20 2010 17:15
Maria Ramos also sold most of Transnet's assets!!!
 
Colz Jul 20 2010 17:12
Finally some of us can breath now. Cant wait to see some of those corrupted managers going
 
Andrew Jul 20 2010 16:04
I would like to know why he was hired in the first place. He's clearly a complete fool. Perhaps Alec Erwin can explain this to us.
 
zoot Jul 20 2010 15:52
Cheryl Carolus is one straight lady. Hope she survives this one.
 
Thabang Jul 20 2010 15:50
That is good news. No one should ever be allowed to steal peoples money without impunity. Let us also open a debate about those who unfairly benefited financial from the apartheit government and recover the peoples money.
 
Sarcastic Jul 20 2010 15:25
damn, the brother got caught. It is the fault of KPMG. why are they picking on a brother? This was his one big time to also get rich. It's OK comrade, everyone will make noise. Your case, if it gets to that, should take 6 years. By then, othjer brothers would have taken the spotlight. There will be a police/ forensic balls-up. You can countersue for R300 mill-leon. You might be charged for a general corrupt association and Like Shabeer, you will get away. I hope you are paid up as a member, comrade.
 
Traveller Jul 20 2010 15:21
Someone is chasing a personal agenda ... these figures and amounts are not exceptional. If they trully wanted to take on "Corruption", why not start with Coleman Andrews, who's so called turn around of SAA was a resultant of him selling all the companies assets, then, by pure coincedence, ordering a whole bunch of 737-800's from Boeing, the same state in which he ran a political compaign shortly after leaving SAA, where, yes you guessed it, Boeing was a major money contributor to his party. We talking about hundreds of millions of mis-apropriated South African Rands, not a megerly R30mil ... Its a real sign of a banana republic when political bandits go after one another with petty agendas such as is the subject of this article.
 
DeonL Jul 20 2010 15:18
"He exceeded his mandate" that was his downfall, he will probably be liquadated or flee the country or ask Mr Zuma to intervene, theire exuses are: "We are still learning" what rubbish! lock him away!!
 
TT Jul 20 2010 15:00
He is one of the main reasons why we are now having a Kumba vs Arcelor Mittal war threatening our economy. Some of these people are so greedy it's unbelievable.
 
Claudio Jul 20 2010 14:57
This also speaks volumes about Alec Erwin - who employed him and defended him. Erwin was as incompetent and corrupt as Ngqula
 
ZULU Jul 20 2010 14:55
The author can't seem to make up his mind whether it’s Mr Ngqula or Mr Ngcula. But it doesn't matter since Black people look the same and their surnames sound the same! It also doesn’t matter since whites can never be incompetent and that applies to the author...welcome to SA
 
Thulani Jul 20 2010 14:51
this report from KPMG clearly state that there are other members from the airlines who are being fingered by this report, they must name and shame all these people who were helping Khaya, just now there reports about a KZN Mayor from IFP who uses tax payer's money to feed his extremely high apetite for Steers Burgers and KFC, elements like these must be named, shamed and expelled.
 
Project Director Jul 20 2010 14:48
Maria Ramos did the same at Transnet....huge incentive bonuses for everyone...she couldnt pay it back in 20 lifetimes but she should be put to the same sword.
 
www Jul 20 2010 14:47
In a month to come, SAA seeks another loan... CROOKS!
 
Black Panther Jul 20 2010 14:43
...Nothing will come from this. Andre Viljoen was threatened with legal action, and now Khaya...at the time of implementation of retention bonusses SAA experienced a serious brain drain to airlines in AUS and the UAE, and drastic measures had to be introduced to retain skills, for least three years until 2010...Khaya did not get that R27M, the managment of SAA got paid and they must pay it back...Good Luck to Siza, I hope that SAA will not ruin your good reputation...
 
TT Jul 20 2010 14:38
This Khaya guy is worse! Can anybody guess why we are now having a Kumba vs Arcelor Mittal war threatening our economy? And imagine if he got the SAA/jet fule contract, which he apparently so badly wanted. Ja-nee!
 
Phakz Jul 20 2010 14:37
I shall wait for the results with baited breath.
 
Mike Jul 20 2010 14:33
Maybe he will not die alone. Like Samson he may bring the whole house down. but watch this space: nothing will come of this.
 
James Jul 20 2010 14:32
Another 20 years to convict the guilty parties or am I being too optimistic?
 
AD Jul 20 2010 14:07
This is a waste of time. It will take a year to get to court, we will hear lots of lies and untruths and eventually two things will happen: 2 sets of lawyers will get wealthy and he will probably get a fine of a couple of thousand rand. And who will foot the bill? We the taxpayers. VIVA BEE!
 
Laska Jul 20 2010 14:04
Well, well, well ?? I bet he DID NOT return to his "kaya" after taking all this cash
 
Alan Jul 20 2010 13:48
Wait till JuliAss gets hold of the mines !!!!
 
Peter Jul 20 2010 13:47
What's all the noise about...This report was published a year ago and only comes out now?? So much for the sense of urgency by the SAA Board. It's only a matter of time the new CEO has to return favours as well. Maybe SAX should be given an audit as well
 
leaches Jul 20 2010 13:46
BEE appointment gone wrong??.. This is only one of hundreds of cases where some useless idiot gets appointed by his mates, and screws things up. I feel for intelligent black people in this country, they're getting profiled because of leaches like Khaya and Malema sucking money out of this economy.. Screw them hope they get nailed proper. Madiba should distance himself from these rocks.
 
Oliver Jul 20 2010 13:34
I worked for the Airline for 16 years and worked under Khaya's reign . I had a friend who was a very good Manager , Khaya and his side kicks managed to sideline/work him out . When my frient tried to take action against the Airline/Khaya , my friend and his wife and children were constantly followed/observed by "private investigators" payed by OUR tax money ,all it was was a form of harrasment . I heard it was not the only case of Khaya's "private investigators" following airline staff who confronted him . I hope Khaya gets NAILED !!
 
robert Jul 20 2010 13:31
nog 'n ANC skelm wat weg kom! hulle sal nie ophou nie
 
$Sign Jul 20 2010 13:24
Great news! This may get the ball rolling on Julius Malema et al and the fraud they most definitely have comitted, although as pointed out they may be safely wrapped under Jocobs wing...what a shame!
 
Telstar Jul 20 2010 13:23
Looks like good is finally triumphing over evil
 
Libembe Jul 20 2010 13:19
They certainly cannot charge him alone, the board and senior managers should all stand trial for collective looting. It's no use charging one person when everyone else enjoyed the spoils of theft. I'm getting all sick and tired of this public looting of public coffers, we have been bailing SAA for years now, only for this guys to line his pocket. Let's hope he won't get sick when he's found guilty.
 
Kotane Jul 20 2010 13:16
Who is next? Pathetic ANC led Government. Do we (SAs) look like idiots? and I am sitting here paying for this trial which will lead to nothing like the rest that I have paid for.
 
BC Jul 20 2010 13:14
Let's not get to excited - let him be found guilty and sentenced. Then lets hope he repays more than the trial costs us. He must be laughing at SAA and his mates in government?? Golden handshake for being a thief??? Sounds like a great job!
 
Nkosinathi Jul 20 2010 13:08
Great news maybe we will see Eskom do the same to Maroga and the Government the same to Nyanda Don't we all thank our lucky stars for auditors
 
wins Jul 20 2010 13:04
Shame! What did he do wrong?? It's apartheids fault. Sorry for being stupid.
 
Boesman Jul 20 2010 13:04
What amazes me - where is he now? Who is he stealing from to support his lifestyle now that SAA is not footing the bill for the helicopter flips? Typical state enterprise - going after the criminal only when he falls out of favour with the ruling elite - remeber he was a Mbeki man!
 
B2tilt Jul 20 2010 13:00
These bonuses were well known by all and sundry and approved by the board - where does this leave the directors of the SAA board? They must take responsibility and personal liability.
 
JC Jul 20 2010 12:56
So not surprised. Just another thieving, cadre deployment, lining his pockets at the taxpayers expense.
 
@Mell Jul 20 2010 12:53
Ok YOU fork out YOUR tax money for this. Dont use ours. Hopefully in 2013 when all has forgotten about this piece of trash, there will be a verdict or not and the money? Pulease! Oh by the way: Do you SERIOUSLy suggest SAA will hand over hard-fought money to build schools? Impossibly naive bordering stupidity!
 
J Jul 20 2010 12:52
But nothing gets done about over spending on SWC tickets - employing underqualified teachers - which is just as corrupt and has probably cost an entire generation a decent education and made them unemployable due to low stds... etc etc
 
Postive step Jul 20 2010 12:48
I am impressed with SAA Board who is certainlyleading the way. Lesson for government?
 
50 CALIBER Jul 20 2010 12:44
Lock the thieving anc bastard up for ever. Typical of these people. Just rob the country. These think that all the company money is theirs. No wonder S.A. is collapsing faster than a falling meteor. Confiscate all his belongings, luxury houses and luxury cars. FREEZE HIS BANK ACCOUNTS. ESPECIALLY THE ONES OVERSEAS. The governmunt are doing the same thing. They think all the money from us taxpayers is their personal money. COMMUNISM AT IT'S FINEST.
 
allie Jul 20 2010 12:42
This is all part of the REDISTRIBUTION OF WEALTH scheme.Put your idiotfriend in a highly paid position knowing that he won`t cope,just to let him retire with a golden handshake.Maybe this fool didn`t play the game with them,so:off with his head.
 
Amazed Jul 20 2010 12:38
Why do we have any state owned enterprises? It's obvious that the state can't manage anything... oh yes, it's becuase COSATU will threaten to encourage their members to vote for the opposition if the ANC doesnt protect (artificially employ)its members. There is no opposition however, so why so concerned about COSATU? We need leadership that is ready make the obvious and necessary changes now! Transnet, Eskom, SABC etc. must be privatised! The less business (pilfering, sqandering and wasting) the state does the better...
 
Mell Jul 20 2010 12:34
Good on SAA for taking corrective action. I don't care what it costs the tax payer as long as the guilty are brought to book!
 
Bung Jul 20 2010 12:28
I agree sue this rubbish, get the money back (if its still around) BUT dont dare use tax money to fund the trial!! Oh yea the smart thing would have been to audit the guy while in office but its always donkey about elbow on this stuff.
 
Joe Jul 20 2010 12:27
Another state owned enterprise financial disaster and STILL the ANC insists on its policy of cader deployment. This is just not good enough. A drawn out, expensive court case to get back money that should never have been lost in the first case. This just means less money for important issues like health care and education.
 
Themba Jul 20 2010 12:26
Another corrupt BBBEE apointment goes down the drain, like the most of them. And you, me & the other taxpayers foot the bill.
 
Tshepo Jul 20 2010 12:23
Why waste our money, if he will end up exonerated, just like most of these guys do? the report fingers a whole lot other people and as long as those other are not prosecuted, he will go free. see you at the end of the trial.
 
Investor Jul 20 2010 12:22
He must re-pay the money and it can be given back to tax payers and used to build schools !
 
DC Jul 20 2010 12:17
Ok, so who would fit the bill for this trial. The taxpayer again? Why wasnt this investigation done before he was given the golden handshake of 8Mil. State owned enterprizes are full of corruption, so this is no surprise. My question is, why are these people not audited while they are doing the job, rather than years later after they have already squandered the funds.
 
Johnathan Jul 20 2010 12:11
What a surprise...
 
handcuffs please Jul 20 2010 12:08
Any chance of blue lights and wrist jewelery?
 
 
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