Malatji & Co Attorneys


We were appointed by the Minister of Trade, Industry and Competition (formerly Economic Development) to consider and advise on the content of a report by the Auditor General of South Africa (“AGSA”) on the Competition Commission (“the Commission”) where it found, amongst others, that the Commission incurred irregular, fruitless and wasteful expenditure. We conducted a forensic investigation on the Commission to determine, amongst others: the factors that caused expenditure to grow beyond the available budget over the last three years and the rationale for the substantial increase in expenditure; causes of irregular expenditure during the last 3 financial years, why the Commission could not address it and whether the Commission developed a financial management strategy to control expenditure; what measures the Commission have taken to recover any irregular expenditure from the officials responsible and if any disciplinary steps have been taken, if not why not; the financial positions of the executive management within the Commission and whether individuals received any benefits from service providers; the source, flow, destination to service providers for payments from the Commission.


Our team has conducted a forensic investigation on behalf of the Water Research Council. The instruction had as its genesis fromseveral anonymous letters that were made to the Company Secretary, and the Board over the period January to May 2017, by certain anonymous employee(s) of the WRC (“the anonymous letters”) from which anonymous letters it appeared that an employee or group of employees were aggrieved ostensibly about the overall alleged mismanagement of the WRC inter alia by the CEO and certain of the Executives.


Our team assisted the Council for Scientific and Industrial Research (“CSIR”) with an investigation and formulation of a report to the Minister of Science and Technology, arising from a protected disclosure made by a former Executive.



In 2018, Tebogo and Bonang advised the Audit & Risk Committee of the National Electronic Media Institute of South Africa (“NEMISA”) with interrogation of a forensic report into an investigation into the dispute between the CEO and the chairperson of NEMISA.


Tebogo and Sunelle advised the Department of Higher Education and Training with a forensic investigating and formulation of a report. They were instructed to investigate allegations of abuse of authority/power levelled against officials of the Construction Education and Training Authority (“CETA”), and to give a clear indication of what laws were transgressed, the consequences of such transgressions and remedies, if any.


We conducted a forensic investigation into allegations of irregularities on the flow of funds relating to discretionary grants granted by the MICT SETA to beneficiaries, as well as conflict of interest. These issues resulted in charges of misconduct levelled against the CEO of the MICT SETA. We then presented a report of our findings to the Board, and the Board resolved that the CEO must be disciplined. We were subsequently appointed to act as initiators in the CEO’s disciplinary enquiry where we formulated the charges. The matters were settled.


We have recently assisted the Gauteng Department of Roads and Transport (“DGRT”) with conducting an investigation on the submission of ostensibly fraudulent financial
statements by a bidder for purposes of its B-BBEE evaluation and its cidb grading. This bidder was awarded the contract, and we have consequently advised the GDRT on its available legal remedies under the PFMA, PPPFA, B-BBEE Act, National Treasury prescripts, and the applicable General Condition of Contract including consequence management of the responsible officials.


We were appointed by the Engineering Council of South Africa (“ECSA”) to conduct an investigation against alleged misconduct by one of its Executive members. The investigation was extensive and complex in nature. Our report was presented to Council and our recommendations were approved. We were subsequently appointed
to act as initiators in the Executive’s disciplinary enquiry where we formulated the charges. The enquiry is still on going.


We were instructed by Pikitup Johannesburg SOC Ltd to investigate allegations of misconduct and possible fraud and corruption against Pikitup Johannesburg (SOC) Ltd’s Senior Executive; Prepare and present the investigation report to the Pikitup Board. The matter is settled.


Our team was instructed by the South African Tourism to investigate The CFO and one other executive, on allegations of impropriety regarding one of the entity’s major contracts.

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