Close Menu
TechCentralTechCentral

    Subscribe to the newsletter

    Get the best South African technology news and analysis delivered to your e-mail inbox every morning.

    Facebook X (Twitter) YouTube LinkedIn
    WhatsApp Facebook X (Twitter) LinkedIn YouTube
    TechCentralTechCentral
    • News

      Hollard client data dumped on the dark web

      18 September 2026
      Vumatel operating profit jumps 57% as the Vodacom deal lands

      Vumatel operating profit jumps 57% as the Vodacom deal lands

      18 September 2026
      SA's two biggest MVNOs, two very different strategies - FNB Connect Capitec Connect

      Capitec and FNB are running the same MVNO playbook

      18 September 2026
      Solar and EVs in South Africa: what the numbers actually say

      Solar and EVs in South Africa: what the numbers actually say

      18 September 2026
      The AI that builds AI has gone from 1% to 26% in five months

      The AI that builds AI has gone from 1% to 26% in five months

      18 September 2026
    • World
      'This is not circular': Jensen Huang defends $3.5-billion MediaTek deal

      ‘This is not circular’: Jensen Huang defends $3.5-billion MediaTek deal

      2 September 2026
      AI-generated music banned from Australian charts

      AI-generated music banned from Australian charts

      26 August 2026
      Traders brace for a R4.5-trillion swing in Nvidia's value

      Traders brace for a R4.5-trillion swing in Nvidia’s value

      25 August 2026
      Russia building its own Starlink - and faster than expected - Vadym Skibitskyi

      Russia building its own Starlink – and faster than expected

      11 August 2026
      Meta AI will now tell parents if their teen is in crisis

      Meta AI will now tell parents if their teen is in crisis

      17 July 2026
    • In-depth
      Google DeepMind CEO Demis Hassabis. Image: John Sears

      The plan to stop AI from breaking the world

      16 July 2026
      The internet has a Strait of Hormuz problem

      The internet has a Strait of Hormuz problem

      15 July 2026
      AI boom sparks rally, frenzy and fear

      AI boom sparks rally, frenzy and fear

      11 June 2026
      Every plug-in hybrid on sale in South Africa, ranked by price - Lamborghini Temerario

      Every plug-in hybrid on sale in South Africa, ranked by price

      7 June 2026
      What Wi-Fi 8 will mean for wireless networks

      What Wi-Fi 8 will mean for wireless networks

      1 June 2026
    • TCS
      TCS | Octotel's Trevor van Zyl on the fibre merger question

      TCS | Octotel’s Trevor van Zyl on the MetroFibre merger question

      16 September 2026
      Meet the CIO | Shoprite's Chris Shortt on what a supermarket becomes

      Meet the CIO | Shoprite’s Chris Shortt on what a supermarket becomes

      9 September 2026
      Rubicon's EV charging network is profitable - and growing fast - Watts & Wheels

      Rubicon’s EV charging network is profitable – and growing fast

      8 September 2026
      Winstone Jordaan on building a national EV charging network

      Winstone Jordaan on building a national EV charging network

      2 September 2026
      Watts & Wheels S1E8: 'Tesla lands in Africa, just not here'

      Watts & Wheels S1E8: ‘Tesla lands in Africa, just not here’

      24 August 2026
    • Opinion
      The end is nigh, and the shares go on sale in October - Duncan McLeod

      The end is nigh, and the shares go on sale in October

      14 September 2026
      The fragile joint in the Capitec machine - Pambos Soteriades

      The R197-billion market the banks can’t reach

      25 August 2026
      South African tech's compounding debt problem - Jannie van Zyl

      Management consulting as we know it is over

      21 August 2026
      South African tech's compounding debt problem - Jannie van Zyl

      The most dangerous customer is the quiet one

      10 August 2026
      South African tech's compounding debt problem - Jannie van Zyl

      South African tech’s compounding debt problem

      29 July 2026
    • Company Hubs
      • 1Stream
      • Africa Data Centres
      • AfriGIS
      • Altron Digital Business
      • Altron Document Solutions
      • Altron Group
      • Arctic Wolf
      • Ascent Technology
      • AvertITD
      • BBD
      • Braintree
      • CallMiner
      • CambriLearn
      • CM.com
      • Contactable
      • CYBER1 Solutions
      • Digicloud Africa
      • Digimune
      • Domains.co.za
      • ESET
      • Euphoria Telecom
      • HOSTAFRICA
      • Incredible Business
      • iONLINE
      • IQbusiness
      • Iris Network Systems
      • Kaspersky
      • LSD Open
      • Mitel
      • NEC XON
      • Netstar
      • Network Platforms
      • Next DLP
      • Ovations
      • Paracon
      • Paratus
      • Q-KON
      • SevenC
      • SkyWire
      • Solid8 Technologies
      • Telit Cinterion
      • Telviva
      • Tenable
      • Vertiv
      • Videri Digital
      • Vodacom Business
      • Vox
      • Wipro
      • Workday
      • XLink
    • Sections
      • AI and machine learning
      • Banking
      • Broadcasting and Media
      • Cloud services
      • Contact centres and CX
      • Cryptocurrencies
      • Education and skills
      • Electronics and hardware
      • Energy and sustainability
      • Enterprise software
      • Financial services
      • HealthTech
      • Information security
      • Internet and connectivity
      • Internet of Things
      • Investment
      • IT services
      • Lifestyle
      • Policy and regulation
      • Public sector
      • Retail and e-commerce
      • Satellite communications
      • Science
      • SMEs and start-ups
      • Social media
      • Talent and leadership
      • Telecoms
      • Watts & Wheels
    • Events
    • Advertise
    TechCentralTechCentral
    Home » News » SAP reports alleged misconduct in SA to US authorities

    SAP reports alleged misconduct in SA to US authorities

    By Duncan McLeod26 October 2017
    Twitter LinkedIn Facebook WhatsApp Email Telegram Copy Link
    Get breaking news on WhatsApp

    German software giant SAP has reported alleged misconduct in its South African operation to US authorities responsible for enforcing the US Foreign Corrupt Practices Act and initiated disciplinary procedures against three of four suspended employees.

    At the same time, it has made “significant changes” to its global sales deal processes, including removing commission on public sector deals in what it terms “higher-risk countries”, including South Africa.

    Adaire Fox-Martin, who leads SAP’s business in Africa, Europe, the Middle East and China, said the company initiated voluntary disclosure with US authorities on 14 July. “SAP has committed to full and complete cooperation with the US department of justice and the US Securities and Exchange Commission (SEC)”.

    SAP has committed to full and complete cooperation with the US department of justice and the US Securities and Exchange Commission

    She said both the US justice department and the SEC are conducting investigations into alleged malfeasance. Although SAP’s investigations have not revealed any evidence of a payment to a South African government official, including Transnet or Eskom employees, it has “uncovered indications of misconduct in issues relating to the management of Gupta-related third parties”, the company said in a statement.

    “To this end, SAP has instituted formal disciplinary proceedings, in accordance with South African labour law, against three employees who were placed on administrative leave at the beginning of the investigation”. It did not immediately name the three employees. However, reports have previously named the suspended executives as Brett Parker (MD, Africa), Lawrence Kandaswami (MD, South Africa), Deena Pillay (chief financial officer, South Africa) and Mehmood Khan (chief operating officer, Africa).

    “The investigation has found that the fourth employee placed on administrative leave had no material involvement with Gupta-related parties,” SAP said. “The employee will return to work.”

    Investigations

    SAP promised to conduct both internal and external investigations after placing the four senior executives on leave in July over allegations that kickbacks had been paid to Gupta-owned companies to secure government tenders. The company commissioned international law firm Baker McKenzie to probe the allegations.

    The investigations followed a report published on the Daily Maverick and News24 and written by investigative journalism units amaBhungane and Scorpio in which it was alleged that SAP paid a 10% “sales commission” to a company controlled by the Guptas to secure a contract worth at least R100m from state-owned Transnet. According to the report, the terms suggested a “thinly disguised kickback arrangement”.

    The report, which drew on information contained in the so-called “Gupta Leaks” e-mail trove, said that in August 2015 SAP signed a “sales commission agreement” with the Gupta-controlled CAD House, which sells 3D printers.

    SAP’s Adaire Fox-Martin

    “The terms suggest a thinly disguised kickback arrangement: if the Gupta company were the ‘effective cause’ of SAP landing a Transnet contract worth R100m or more, it would get 10%,” the report stated. In the year that followed, SAP paid CAD House R99.9m, it added, “suggesting SAP used the Gupta influence network to drive sales of a billion rand to Transnet and other state-owned companies”.

    Fox-Martin said on Thursday that the allegations of wrongdoing have had a “profound impact on our employees, customers and partners, and on the South African public — and we apologise wholeheartedly for this”.

    “We cannot emphasise enough how seriously the SAP executive board takes these allegations, or how committed we are to managing the process in a transparent, ethical and responsible way,” she said.

    We cannot emphasise enough how seriously the SAP executive board takes these allegations, or how committed we are to managing the process in a transparent, ethical and responsible way

    SAP also announced that it has decided to eliminate sales commissions on all public sector deals in countries with a Corruption Perceptions Index score of below 50. South Africa’s rating on the index, which is compiled by Transparency International, is 45.

    “The SAP executive board has initiated — on a global basis — extensive additional controls and due diligence into relationships with sales agents and value-added resellers, including additional audit functions,” it said in a statement.

    It will also allocate additional legal compliance staff to the SAP Africa market unit. They will be based in South Africa and report into SAP’s global compliance organisation.

    “SAP will further strengthen its compliance committee in the SAP Africa region, consisting of local management, compliance and other corporate functions, to ensure individual deal sanity and integrity, and promote compliance generally.”

    The company said Baker McKenzie’s investigation into alleged wrongdoing is ongoing. “In deference to the ongoing investigations of the US department of justice and the SEC, SAP cannot provide further details currently,” it said. “It is SAP’s intention to release complete findings at the end of the investigation.”

    Transnet, Eskom

    It said the law firm focused initially on SAP’s contracts with Transnet and Eskom and that this part of the investigation will be completed by the end of the year.

    “Following a data analytics search of 8.4m documents, the law firm has completed a first-level review of 131 609 documents, and a second level review of 52 985 documents. Baker McKenzie has conducted numerous interviews. SAP has also invoked its third-party audit rights with entities understood to be Gupta related — and these audits are in the early stages.”

    SAP has also invoked its third-party audit rights with entities understood to be Gupta related – and these audits are in the early stages

    SAP said Baker McKenzie has been contracted to investigate its public sector business in South Africa going back to 2010. To date, the investigation has determined that, between December 2014 and November 2016, SAP concluded two contracts for the sale of software to Transnet and two contracts for the sale of software to Eskom, each with the assistance of an entity currently understood to have been Gupta related.

    “In connection with these four contracts, SAP provided software and received revenue totalling approximately R660m, and paid commissions to entities currently understood to be Gupta related totalling approximately R94m. The amounts actually paid to the third parties totalled approximately R107m because, by contract, each commission payment included an amount of VAT for taxes due on the receipt of the funds.

    “In December 2016 and June 2017, SAP concluded two additional contracts to provide software and services to Eskom with the assistance of an entity currently understood to have been Gupta related. No revenue has been received or commission paid in connection therewith,” SAP said in the statement.  — (c) 2017 NewsCentral Media

    Add TechCentral as a preferred source on GoogleFollow TechCentral on Google NewsGet breaking news on WhatsApp


    Adaire Fox-Martin Baker & McKenzie CAD House Eskom SAP top Transnet
    WhatsApp YouTube
    Share. Facebook Twitter LinkedIn WhatsApp Telegram Email Copy Link
    Previous ArticleNokia predicts more gloom for network makers
    Next Article Vox launches IT-as-a-service offering

    Related Posts

    Solar and EVs in South Africa: what the numbers actually say

    Solar and EVs in South Africa: what the numbers actually say

    18 September 2026
    Meet the CIO | Shoprite's Chris Shortt on what a supermarket becomes

    Meet the CIO | Shoprite’s Chris Shortt on what a supermarket becomes

    9 September 2026
    Can an online school produce a scientist? CambriLearn has an independent answer

    Can an online school produce a scientist? CambriLearn has an independent answer

    9 September 2026
    Company News
    Support ended for SQL Server 2016 - and so did the Microsoft subsidy

    Support ended for SQL Server 2016 – and so did the Microsoft subsidy

    18 September 2026
    GovTech turns 20 - and sets out to build South Africa's digital future - GovTech 2026

    GovTech turns 20 and sets out to build South Africa’s digital future

    18 September 2026
    ITA presents LEO satellite solutions for the oil and gas sector - From left, Suzanette Cruz, account manager, sales B2B; Nuno de Oliveira, sales operations analyst, sales; and Andrea Aragão, marketing manager

    ITA presents LEO satellite solutions for the oil and gas sector

    18 September 2026
    Opinion
    The end is nigh, and the shares go on sale in October - Duncan McLeod

    The end is nigh, and the shares go on sale in October

    14 September 2026
    The fragile joint in the Capitec machine - Pambos Soteriades

    The R197-billion market the banks can’t reach

    25 August 2026
    South African tech's compounding debt problem - Jannie van Zyl

    Management consulting as we know it is over

    21 August 2026

    Subscribe to Updates

    Get the best South African technology news and analysis delivered to your e-mail inbox every morning.

    Latest Posts

    Hollard client data dumped on the dark web

    18 September 2026
    Vumatel operating profit jumps 57% as the Vodacom deal lands

    Vumatel operating profit jumps 57% as the Vodacom deal lands

    18 September 2026
    SA's two biggest MVNOs, two very different strategies - FNB Connect Capitec Connect

    Capitec and FNB are running the same MVNO playbook

    18 September 2026
    Solar and EVs in South Africa: what the numbers actually say

    Solar and EVs in South Africa: what the numbers actually say

    18 September 2026
    © 2009 - 2026 NewsCentral Media
    Built and maintained by Chronon
    • Cookie policy (ZA)
    • TechCentral – privacy and Popia

    Type above and press Enter to search. Press Esc to cancel.

    Manage consent

    TechCentral uses cookies to enhance its offerings. Consenting to these technologies allows us to serve you better. Not consenting or withdrawing consent may adversely affect certain features and functions of the website.

    Functional Always active
    The technical storage or access is strictly necessary for the legitimate purpose of enabling the use of a specific service explicitly requested by the subscriber or user, or for the sole purpose of carrying out the transmission of a communication over an electronic communications network.
    Preferences
    The technical storage or access is necessary for the legitimate purpose of storing preferences that are not requested by the subscriber or user.
    Statistics
    The technical storage or access that is used exclusively for statistical purposes. The technical storage or access that is used exclusively for anonymous statistical purposes. Without a subpoena, voluntary compliance on the part of your Internet Service Provider, or additional records from a third party, information stored or retrieved for this purpose alone cannot usually be used to identify you.
    Marketing
    The technical storage or access is required to create user profiles to send advertising, or to track the user on a website or across several websites for similar marketing purposes.
    • Manage options
    • Manage services
    • Manage {vendor_count} vendors
    • Read more about these purposes
    View preferences
    • {title}
    • {title}
    • {title}