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We’ve had many high-stakes games here.” The 11 subjects in the rand-rigging case are JPMorgan, JPMorgan South Africa, Citigroup, Citigroup Global Markets (Pty) Ltd., BNP Paribas SA, BNP Paribas South Africa, Barclays Bank Plc, Barclays Africa Group Ltd., Investec Ltd., Standard New York Securities Inc. The banks have either declined to comment on the probe or said they will cooperate with the investigation.
New York Bonakele studied law at the University of Fort Hare, the Alice, Eastern Cape province-based institution renowned for producing some of Africa’s most notable post-independence leaders, including Nelson Mandela and Robert Mugabe.
The probe into collusion among builders resulted in a combined 1.5 billion rand (3 million) penalty — the authority’s largest — for 15 South African construction companies in 2013, including Murray & Roberts Holdings Ltd. Since its inception in 1998, the Commission has also extracted financial penalties from steelmaker Arcelor Mittal South Africa Ltd. Those successes have helped establish the reputation of an organization now taking on some of the world’s biggest banks in a currency rigging probe that Bonakele announced May 19.
His pursuit of alleged currency conspirators at banks dealing in the South African rand, including JPMorgan Chase & Co.
Standing on a third-floor landing looking across a grand government campus in South Africa’s capital, Tembinkosi Bonakele, 39, slips a hand in his pocket and laughs as he says that the headquarters of the Competition Commission was built by a construction cartel he investigated and successfully fined.
The Competition authorities recently uncovered an online chatroom “ZAR Domination” used by forex traders which and believe the abuse could lead to record fines, surpassing R1.5bn levied on the Construction industry.
The JSE’s Banking Index has given up 13% since late April, pushed lower by the announcement of an investigation into alleged wide-scale rigging of the foreign exchange markets.
Eleven banks were named, mainly foreign owned operations but including three of SA’s Big Five – Standard Bank, Barclays Africa and Investec.
Bonakele says the Commission’s focus is shifting from breaking local cartels legitimized during apartheid, when South Africa’s political isolation left the economy hamstrung by sanctions, to keeping international companies in check.
“You had state-sanctioned cartels, and even after those were supposed to be stopped they continued in one form or another,” Bonakele says.
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But it’s no sure thing, though, after the Competitions Commission’s reputation took a knock last week when the courts overturned the R534m fine it levied on oil-from-coal producer Sasol.