>>16569269 Gencore/Billiton Bun | Gill Marcus Bun
>The ghosts of Andersen may still be with us.
“Glencore: Will the previous board be held to account?” – Gill Marcus to be held responsible, KPMG, PIC
https://www.iol.co.za/business-report/companies/glencore-will-the-previous-board-be-held-to-account-eb77c7a2-9613-46ba-a036-34289c60969b
June 1, 2022
CORPORATE pundits are calling for the board of disgraced commodities trader Glencore, including former Reserve Bank Governor Gill Marcus, a non-executive chair, to be held responsible for the group’s unethical behaviour, which recently saw it admit to fines of $1.5 billion (R23.6bn) in three territories.
Between 2007 and 2018, Glencore and its subsidiaries paid more than $52 million to intermediaries to bribe Nigerian officials in return for profits of $124m, US court filings show, and from $27m to an agent to bribe officials in Cameroon, Ivory Coast and Equatorial Guinea.
However, the US Department of Justice has confirmed that there are parallel investigations by other foreign jurisdictions.
“At the core of Glencore’s unlawful conduct is that Glencore not only entered into corrupt relationships to secure oil contracts but shockingly paid bribes to avoid government audits,” it was reported.
Tony Hayward was chairperson from 2013, while Kalidas Madhavpeddi was appointed chairperson in 2021.
As a non-executive board member, Marcus, who was on the board from 2018, is the chair of the audit committee and a member of the board’s ethics committee.
“Ms Marcus was appointed as non-executive director of Glencore on 7 December 2017, which appointment was effective from 1 January 2018. She had a fiduciary duty to ensure Glencore’s legal and ethical compliance, which duty she had to comply with during the period which was investigated by the US Department of Justice,” said a source, who declined to be named.
It was pointed out that Glencore not only benefited from its operations and presence in the country, but had been funded by the Public Investment Corporation (PIC), with the body being a substantial shareholder in the group.
“The PIC’s investments and shareholding in Glencore (Glencore’s main listing is on the London Stock Exchange with a secondary listing on the JSE) will, therefore, directly or indirectly be subject to the total of the billion dollar fines which Glencore will pay as part of its guilty plea in terms resulting from the US Department of Justice’s investigation,” the source said.
Questions have also been raised over the complicity of audit firm KPMG, which previously had the contract to oversee Glencore’s audits, until Deloitte and Touche were reappointed as external auditors early this year, subject to shareholder approval.
The African Energy Chamber this week called for African countries to open their own investigations against the global diversified miner after two subsidiaries last week pleaded guilty to multiple charges of market manipulation and bribery, including corruption related to the company’s oil operations in Africa and South America.
Former Eskom chief executives Matshela Koko and Brian Molefe have alluded to the corrupt relationship, with Koko saying he was consulting lawyers about igniting fresh investigations into President Cyril Ramaphosa-linked Glencore and its dirty deals at the power utility.
They both testified before the Commission of Inquiry into State Capture chaired by Justice Raymond Zondo that there had been an adversarial relationship between the power utility and Glencore.
Glencore picked Ramaphosa’s Shanduka as its BEE partner on a coal export project in 2005. They teamed up again as investors in the Optimum project to supply coal to the state power authority. However, the government blocked permits for the mine, forcing Glencore to sell it to the Gupta family, business allies of former president Jacob Zuma.