KOBUS MEYER // MALIKHANYE SIMON MABENA & INALENI TECHNOLOGY (PTY) LTD
| Complainant(s) | Respondent(s) | ||
| Kobus Meyer | Malikhanye Simon Mabena & Inaleni Technology (Pty) Ltd | ||
| Summary / nature of the complain | |||
| Allegations - investigation pursuant to a complaint alleging that respondents submitted a fraudulent B-BBEE certificate for purposes of obtaining work – the B-BBEE certificate purported to be issued by a certain verification agency, which denied issuing it - Findings – the B-BBEE certificate in question is invalid and respondents misrepresented B-BBEE status or attempted to do so – respondents failed to cooperate with the B-BBEE Commission. | |||
| Summary findings against Malikhanye Simon Mabena & Inaleni Technology (Pty) Ltd | |||
| Mr Malikhanye Simon Mabena and Inaleni Technology (Pty) Ltd falsified the B-BBEE certificate and/or obtained B-BBEE Certificate Number EME CC 64863 REV1 fraudulently contrary to the requirements of the Codes of Good Practice and the objectives of the B-BBEE Act, which B-BBEE certificate was knowingly presented to Vodacom (Pty) Ltd; the B-BBEE Certificate Number EME CC 64863 REV1 submitted by Mr Malikhanye Simon Mabena and Inaleni Technology (Pty) Ltd for purposes of the electronic tender issued by Vodacom (Pty) Ltd in September 2016 is invalid as it has been issued or obtained in a manner contrary to the requirements of the Codes of Good Practice and the objectives of the B-BBEE Act, with the verification agency NERA that was purported to have issued the B-BBEE certificate Number EME CC 64863 REV1 flatly denying having verified Inaleni Technology (Pty) Ltd; Mr Malikhanye Simon Mabena and Inaleni Technology (Pty) Ltd misrepresented, or attempted to misrepresent, the B-BBEE status of Inaleni (Pty) Ltd by presenting B-BBEE Certificate Number EME CC 64863 REV1 to Vodacom (Pty) Ltd for B-BBEE compliance in order to be considered for business, which conduct points to an offence in terms of section 13O (1) (a) of the B-BBEE Act; the conduct of Mr Malikhanye Simon Mabena in submitting the invalid B-BBEE Certificate Number EME CC 64863 REV1 for the purposes of obtaining business, thereby misrepresenting the B-BBEE status of Inaleni Technology (Pty) Ltd, and further denying that he submitted any proposal to Vodacom (Pty) Ltd, falls short of the required responsibilities of a director of a company in that it is reckless, dishonest and unethical; Mr Malikhanye Simon Mabena further provided false information by denying that Inaleni Technology (Pty) Ltd submitted any proposal or had any dealings with Vodacom (Pty) Ltd when in fact Mr Malikhanye Simon Mabena signed the Vodafone Mutual Non-Disclosure Agreement and Rules on behalf of Inaleni Technology (Pty) Ltd, which conduct points to contravention of section 13N (3) (c) of the B-BBEE Act which inter alia, provides that a person commits an offence if that person knowingly provides false information to the B-BBEE Commission; Mr Malikhanye Simon Mabena and Inaleni Technology (Pty) Ltd failed to respond to the B-BBEE Commission and to submit the required information in a manner that caused significant delays to the processes of the B-BBEE Commission, which conduct points to obstruction of the work of the B-BBEE Commission which is an offence in terms of section 13N (3) (a) of the B-BBEE Act | |||
| Recommendations: | |||
| refer the conduct of Mr Malikhanye Simon Mabena and Inaleni Technology (Pty) Ltd regarding corporate governance in the running of the affairs of Inaleni Technology (Pty) Ltd and apparent breach of the duties of directors to CIPC to determine appropriate remedial action under the applicable legislation, including declaration of Mr Malikhanye Simon Mabena as a delinquent director to bar him from holding directorship or membership in any other entity, including Inaleni Technology (Pty) Ltd; and consider instituting proceedings in a court to restrain any breach of the B-BBEE Act or to obtain appropriate remedial relief in terms of section 13J (4) of the B-BBEE Act, including seeking remedial relief to declare Mr Malikhanye Simon Mabena delinquent or unfit to hold any membership or directorship in any entity, including Inaleni Technology (Pty) Ltd. | |||
| Click here to download the complete publication of Findings and Recommendations |