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
      New rand stablecoin market opens into a potential regulatory wall

      New rand stablecoin market opens into a potential regulatory wall

      10 August 2026
      Simon Dingle

      ‘South Africa has to abolish exchange control’

      10 August 2026
      The most dangerous customer is the quiet one - Jannie van Zyl

      The most dangerous customer is the quiet one

      10 August 2026
      Eskom fixed the fleet and the customers left

      Eskom fixed the fleet and the customers left

      7 August 2026
      DStv chops channels as Canal+ leans harder on sport

      DStv chops channels as Canal+ leans harder on sport

      7 August 2026
    • World
      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
      IBM shares crash 25% as AI upends software spending - Arvind Krishna

      IBM shares crash 25% as AI upends software spending

      15 July 2026
      Jony Ive's first OpenAI device: an AI smart speaker - Jony Ive and Sam Altman

      Jony Ive’s first OpenAI device: an AI smart speaker

      15 July 2026
      Stripe, Advent in talks to buy PayPal for $53-billion

      Stripe, Advent in talks to buy PayPal for $53-billion

      15 July 2026
      Memory crisis sends smartphone market into steep decline

      Memory crisis sends smartphone market into steep decline

      13 July 2026
    • In-depth
      The plan to stop AI from breaking the world - 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+ | Specops' Darren James on continuous trust in an AI world

      TCS+ | Specops’ Darren James on continuous trust in an AI world

      7 August 2026
      TCS+ | How AI is turning hardware into a subscription service - Shane van der Merwe Merchant West

      TCS+ | How AI is turning hardware into a subscription service

      6 August 2026
      TCS+ | Why South African workers must become supervisors of digital labour - Accelera Digital Group Cliff de Wit

      TCS+ | Why South African workers must become supervisors of digital labour

      31 July 2026
      TCS | Rapid deployment rules can't work without municipalities: ACT - Nomvuyiso Batyi

      TCS | Icasa’s rules skip the real bottleneck: ACT

      30 July 2026
      TCS+ | iStore Business on why Apple makes sense for SMEs - Sudesh Pillay and Tamia Nontsikelelo

      TCS+ | iStore Business on why Apple makes sense for SMEs

      30 July 2026
    • Opinion
      The author, Jannie van Zyl

      Selling vapour is corporate suicide in slow motion

      16 July 2026
      Brazil's online gambling crackdown is a lesson for South Africa

      How Amazon outmanoeuvred Starlink in South Africa

      15 July 2026
      The Popia problem with agentic AI - Herman Haasbroek

      The Popia problem with agentic AI

      14 July 2026
      The author, Fanie van Rooyen

      South Africa can still catch the AI wave – here’s how

      7 July 2026
      The author, Fanie van Rooyen

      The AI utopia South Africa can’t afford

      1 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 Telecom
      • 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
    News Alerts
    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

    Follow TechCentral on Google News Add TechCentral as your preferred source on Google


    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

    Eskom fixed the fleet and the customers left

    Eskom fixed the fleet and the customers left

    7 August 2026
    The debate about the grid is over

    The debate about the grid is over

    3 August 2026
    Eskom's diesel bill falls 86% as breakdowns hit eight-year low

    Eskom’s diesel bill falls 86% as breakdowns hit eight-year low

    31 July 2026
    Company News
    African Bank signs on as GEC+Africa 2026 partner

    African Bank signs on as GEC+Africa 2026 partner

    7 August 2026
    What a cloud review reveals about how a company actually runs - LSD Open

    What a cloud review reveals about how a company actually runs

    6 August 2026
    Manufacturing from a garage is now a realistic business plan - MaxLaser

    Manufacturing from a garage is now a realistic business plan

    6 August 2026
    Opinion
    The author, Jannie van Zyl

    Selling vapour is corporate suicide in slow motion

    16 July 2026
    Brazil's online gambling crackdown is a lesson for South Africa

    How Amazon outmanoeuvred Starlink in South Africa

    15 July 2026
    The Popia problem with agentic AI - Herman Haasbroek

    The Popia problem with agentic AI

    14 July 2026

    Subscribe to Updates

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

    Latest Posts
    New rand stablecoin market opens into a potential regulatory wall

    New rand stablecoin market opens into a potential regulatory wall

    10 August 2026
    Simon Dingle

    ‘South Africa has to abolish exchange control’

    10 August 2026
    The most dangerous customer is the quiet one - Jannie van Zyl

    The most dangerous customer is the quiet one

    10 August 2026
    Eskom fixed the fleet and the customers left

    Eskom fixed the fleet and the customers left

    7 August 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}