We don't pay bribes - Sexwale

By Eleanor Momberg

A legal battle is looming between the Mvelaphanda Group and Felix Nkusi, a "facilitator" who allegedly introduced Human Settlements Minister Tokyo Sexwale to senior government officials in Chad, paving the way for the company's investment in mining opportunities in the northern African state.

At the time, Sexwale was chairman of Mvelaphanda. He resigned when he was appointed to the cabinet earlier this year.

Nkusi claims he is owed more than R2-million in facilitation fees for introducing Sexwale and Mvelaphanda to Idriss Deby, president of Chad, and mines and geology minister Mahamat Ali Abdullah Nassour between 2004 and 2006.

But Mvelaphanda and Sexwale deny any payment is due because Nkusi had no formal written mandate from the company to facilitate introductions on its behalf. Nkusi says things like this are not written down.

Chris Vick, Sexwale's spokesman, said: "It is a well-known fact that Mr Sexwale and his company have never paid bribes and never will."

He would not explain the nature of Sexwale's dealings with Nkusi.

Nkusi told The Sunday Independent he had been asked by Nassour to solicit potential South African investors in Chad's mining industry.

A letter from the Chad Ministry of Mines and Geology, signed by Nassour and confirming Nkusi's appointment, said he was authorised "to contact any person or entity wishing to visit Chad" with the aim of investing.

The letter, written in May 2009, said: "We are already grateful for the introduction of the Mvelaphanda Group Holding, which is operational in the exploration and pursuit of uranium under the local name of Chad Mining Services, and urge you to revive the contacts with AYR Australia, African Merchant Bank of South Africa... as well as any other mining group... that may be inclined to invest in mining in the Republic of Chad."

It added that any services rendered by Nkusi would be for the account of the companies involved.

Nkusi said while he had not entered into a written contract with Mvelaphanda at the time, it was understood that he would act as the company's facilitator for deals in uranium-rich Chad.

He claimed the company had paid for his plane ticket to Paris, connecting to N'Djamena, Chad's capital, to prepare for Sexwale's first visit to the country in June 2007.

Sexwale had met Deby, when a memorandum of understanding was signed.

Vick this week refused to answer questions on whether Mvelaphanda paid for Nkusi's flight, and if so why.

He also refused to divulge the nature of Sexwale's relationship with Nkusi or the circumstances of their meeting.

Nkusi said that when he demanded payment for his services he was referred to a company official who told him his services were not needed as the company had already had an introduction to Deby and would use its own facilitator in the region.

Following several attempts to secure payment, he turned to Vusi Mavimbela, a former intelligence boss who had joined Mvelaphanda as an executive, for help.

Nkusi said Mavimbela e-mailed him in May 2007 saying Sexwale had asked that he "get a written letter from the government minister responsible in Chad that states that Mr Tokyo Sexwale was introduced by Mr Felix M Nkusi to the government of Chad and hence there is an expectation of a facilitation fee for that service".

Nkusi secured the letter in May this year but still no payment was made.

In August, Mchunu Attorneys, acting on Nkusi's behalf, sent a letter of demand to the Mvelaphanda Group Limited marked for the attention of Sexwale, who had already resigned his position. A second letter of demand was sent to Mikki Xayiya, the company's new executive chairman.

Mvela's attorneys rejected claims that Nkusi had any entitlement to payment and said any action instituted would be vigorously defended.

In their letter to Nkusi, the attorneys denied that Mvelaphanda had any business interests in Chad.

The Mvelaphanda attorneys also stated that the letter of demand from Nkusi was seen "as an act of opportunism" representing a "hassle factor" to their client, with Mvela "insisting that there is to be no more of this type of harassment".

When Nkusi's attorneys failed to respond, Mvela's legal team sent a follow-up letter requesting a response and confirmation that the matter had been finalised and that there would be no further harassment.

Nkusi's attorneys responded 10 days later saying it was clear from Mavimbela's e-mail to Nkusi that there was an expectation of payment, and expressing the hope that the matter had been clarified.

The legal team also denied the allegations of opportunism and harassment, saying their client wanted the matter resolved amicably as soon as possible.

Nkusi told The Sunday Independent no written contract for his services had been entered into with Mvelaphanda "because you don't write these things down".

"When I asked for a face-to-face meeting with Mr Sexwale so I could discuss my payment I was told to stop contacting his office or the matter would be referred to an attorney and I would not be able to work in Chad again," he said.

"I will not rest until I am paid for the work I did."

Vick denied that Nkusi was due any payment for services, saying there was no written contract confirming his appointment as a facilitator, nor an agreement for any payment.

"It is significant that this person may have a letter from Chad authorising him to lobby, but absolutely nothing similar - even remotely similar - from Mvelaphanda or its affiliates," Vick said.

"Where is the proof of his mandate from Mvela? Where is his proof that he was told he would be paid? He is barking up the wrong tree - which is why he was summarily shown the door by Mvela."

Mvelaphanda failed to respond to media enquiries.

• This article was originally published on page 1 of The Sunday Independent on November 01, 2009