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HSF wants SA to shun Bain following ban by UK govt

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HSF wants SA to shun Bain following ban by UK govt

4th August 2022

By: Sashnee Moodley
Senior Deputy Editor Polity and Multimedia

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Following the UK’s decision to ban consultancy company Bain from securing State contracts for three years, the Helen Suzman Foundation (HSF) is calling on South Africa’s government to impose similar bans on the company.

Bain has come under fire for its part in furthering State capture in South Africa through the South African Revenue Service (Sars). The State Capture Commission found that Bain, former President Jacob Zuma and former Sars commissioner Tom Moyane had tried to weaken the tax institution.

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The HSF welcomed the UK government’s sanctions on Bain and asked why South Africa was not doing the same.

The organisation said the poorest had suffered the most as Bain’s actions resulted in reduced revenue collection by Sars and had also set back constitutional democracy.

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“The Helen Suzman Foundation pays tribute to whistleblower Athol Williams and member of the House of Lords in the UK, Peter Hain for their remarkable efforts in securing this sanction. We call on the South African government now to adopt similar measures in line with the findings of the State Capture and Nugent Commissions, both of which left no doubt as to Bain’s unlawful and destructive role at Sars,” it said.

Bain has denied wrongdoing and has since repaid the fees paid to it by Sars for work done.

However, the HSF said this was no redress for its actions and added that while corporates such as Bain should be named for engaging in State capture, it was unfortunate that South Africa, itself, has not acted against the perpetrator.

“The UK’s decision recognises that Bain’s operations in South Africa were no ‘rogue unit’ within its global network of consultancy services, but integrally entwined. Fortunately, (or unfortunately for Bain) legal mechanisms for accountability are global in reach. The UK’s action must only be the first of its kind and Hain has already announced his intention to turn his focus to the United States, where Bain has its headquarters, to secure further sanction,” the HSF said.

South African civil society is also looking into whether Bain can be held criminally liable under US laws.

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