OCEANA GROUP LIMITED // FRISBEE TRADE AND INVESTMENT 1309 T/A SCD SYSTEM CC & ANOTHER
| Complainant(s) | Respondent(s) | ||
| Oceana Group Limited | Frisbee Trade and Investment 1309 t/a SCD Systems CC | ||
| Summary / nature of the complain | |||
| Allegations - B-BBEE Commission investigation pursuant to a complaint by Oceana Group Limited against Frisbee Trade and Investment 1309 CC t/a SCD Systems CC and Ms. Charmaine Rene Coetzee alleging that the entity submitted a fraudulent B-BBEE certificate for purposes of obtaining a contract - Frisbee Trade and Investment 1309 CC t/a SCD Systems CC is owned by Ms. Charmaine Rene Coetzee, a white South African woman, while B-BBEE certificate states that it is 100% black owned - Findings – the B-BBEE certificate was invalid – entity is not 100% black owned – misrepresentation of B-BBEE status. | |||
| Summary findings against Frisbee Trade and Investment 1309 t/a SCD Systems CC | |||
| the B-BBEE certificates submitted by Frisbee Trade and Investment 1309 CC t/a SCD Systems CC and Ms. Charmaine Rene Coetzee to the Complainant were issued fraudulently and are invalid; Ms. Charmaine Rene Coetzee completed and signed the Supplier Forms provided by the Complainant and affirmed that her entity, Frisbee Trade and Investment 1309 t/a SCD Systems CC, had a B-BBEE certificate from an accredited verification agency and that the entity is 100% black and female black owned, when this is not the case; Ms. Charmaine Rene Coetzee presented B-BBEE certificates that purported to be valid B-BBEE certificates certifying her entity as 100% black and black female owned while she knows that she is a Caucasian woman, thereby misrepresenting the B-BBEE status of the entity to the Complainant; Ms. Charmaine Rene Coetzee knew or ought to have known that the B-BBEE certificates are fraudulent and invalid as the B-BBEE certificates state prominently that her entity is 100% black owned, and that her being a Caucasian adult female and the only member of Frisbee Trade and Investment 1309 t/a SCD Systems CC, did not meet the definition of ‘black person’ in terms of the B-BBEE Act; The Frisbee Trade and Investment 1309 CC t/a SCD Systems CC and Ms. Charmaine Rene Coetzee engaged in an act of misrepresentation of B-BBEE status, which is contrary to the B-BBEE Act and may also amount to an offence in terms of section 13O (1) (a) of the B-BBEE Act; and The conduct of Ms. Charmaine Rene Coetzee may be in violation of her duties and obligations under the Close Corporations Act, and that she may not be fit to hold membership in an entity, and further that the affairs of Frisbee Trade and Investment 1309 CC t/a SCD Systems CC may require an investigation by Companies and Intellectual Property Commission (CIPC). | |||
| Recommendations: Effective 04 June 2017 | |||
| For the undue benefit that resulted from false and/or misrepresented B-BBEE status, that Frisbee Trade and Investment 1309 CC t/a SCD Systems CC and Ms. Charmaine Rene Coetzee refund the Complainant the amount paid under the contract, if any, within 30 (thirty) days of the findings by the B-BBEE Commission; For the effect of the conduct on the Complainant, noting that the B-BBEE status of suppliers gets calculated in the assessment of the B-BBEE status of Complainant, that Frisbee Trade and Investment 1309 CC t/a SCD Systems CC and Ms. Charmaine Rene Coetzee must issue a public written apology to the Complainant within five (5) days of the findings of the B-BBEE Commission; In order to prevent similar conduct by the respondents in future, that Ms. Charmaine Rene Coetzee must attend a one-day training session on the B-BBEE Act to be provided by the B-BBEE Commission or any institution accredited to offer such training in terms of the South African law within thirty (30) days of the findings of the B-BBEE Commission; Ms. Charmaine Rene Coetzee must make a written undertaking under oath that none of the entities owned by her or where she is the majority shareholder or interest holder have engaged or engage in similar conduct, and such undertaking must be submitted to the B-BBEE Commission within thirty (30) days of the findings of the B-BBEE Commission; and That Ms. Charmaine Rene Coetzee must attend a corporate governance training session with CIPC or any institution accredited to offer such training in terms of the South African law within ninety (90) days of the findings of the B-BBEE Commission. | |||
| Click here to download the complete publication of Findings and Recommendations |