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Brett Kebble

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Brett Kebble
Born19 February 1964
Died27 September 2005 (aged 41)
NationalitySouth African
Alma materUniversity of Cape Town
OccupationBusinessman
SpouseIngrid Kebble (m. 1990)
Children4
ParentRoger Kebble
RelativesGuy Kebble(brother)

Roger Brett Kebble(19 February 1964 – 27 September 2005) was aSouth Africanmining magnate with close links to factions in the ruling political party, theAfrican National Congress.[1]Known to be personally eccentric,[2][3]he became a major player in South African gold and diamond mining from the mid-1990s, especially throughblack economic empowermentdeals, but was embroiled in allegations of corporate fraud and misconduct, the extent of which was revealed only after his death. He was shot dead on 27 September 2005 inJohannesburg.The investigation into his death, involving several prominent businessmen and politicians, received significant public attention. His name was also prominent in media coverage ofJackie Selebi's 2009 corruption trial. 2010 court testimony revealed that Kebble was killed by hit men hired by his security chief, allegedly at his own request – an apparent suicide-by-murder.[4]However, the complete circumstances surrounding his death remain unclear.

Life and career

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Kebble was born in the mining town ofSprings,on theEast Rand.He matriculated fromSt. Andrew's School, Bloemfontein,and earned a law degree from theUniversity of Cape Townin 1986.[5]He was anarticled clerkatMallinicksthereafter.[6]He entered mining in 1991, when he and his father, a former mining engineer, acquired a controlling stake in Rand Leases Gold Mining and later acquired leadership ofRandgold & Explorationthrough a hostile takeover.[3][2]In partnership withMzi Khumaloas part of ablack economic empowermentdeal, Kebble bought a controlling stake inJCIin 1995, though his and Khumalo's relationship later soured.[3]At one point or another, he had a substantial interest in several other mid-size mining companies, including Randex,Randgold Resources,Consolidated African Mines, Harmony, Western Areas, and Durban Deep;[5]and he was involved in numerous black economic empowerment deals.[3][7]

Under his leadership, and to finance its R4-billion acquisition of theSouth Deepgold mine, Western Areas sold a half-interest in South Deep to a rival firm and hedged production forward at a low price, to disastrous consequences when the gold price increased.[3][5][8]Subsequently, Kebble's reputation declined.[3][6]On 30 August 2005, he was deposed from the companies he controlled – Western Areas, JCI, and Randgold & Exploration – as a condition of loans to keep the companies afloat,[3]and amid concerns about financial irregularities and corporate governance lapses.[6]At that point, 14.4 million shares in Randgold Resources were missing – Kebble claimed that they had been loaned out – and Randgold & Exploration had been suspended from theJohannesburg Stock Exchangeand delisted fromNasdaqfor failing to publish its 2004 financial results.[6]The South AfricanNational Prosecuting Authoritylater said that, at the time of his death, Kebble had been facing prosecution for fraud and contravention of the Stock Exchanges Control Act.[9]

Ties to the ANC

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Kebble was reported to be a member of theAfrican National Congress(ANC),[2][10]and was certainly one of its major financiers, especially in theWestern Cape.[3][11]He was reportedly allied with theANC Youth League[3][12]and withJacob Zuma,who, during the early 2000s, led an internal faction of the ANC which opposed PresidentThabo Mbeki.[2][13]After his death, party members honoured him in the media and at his funeral,[14][13]andEssop Pahadgave the eulogy.[9]

Death

[edit]

He was shot dead near a bridge over theM1inAbbotsford, Johannesburgat around 9 p.m. on 27 September 2005,[15]aged 41, while driving to a dinner engagement with his business associate,Sello Rasethaba.He was shot several times while in the driver's seat of his Mercedes.[2]Forensic scientist Dr David Klatzow's investigation was the first to suggest that Kebble had been shot by people known to him with a pistol using 'low-velocity' ammunition used by bodyguards and security operatives. The purpose of such bullets, which require a specially adapted pistol, was to hit assassins and terrorists without passing through their bodies and hitting bystanders or hostages. Despite the closer range, the gunpowder burns in general were not severe, providing further evidence that the ammunition was of a special "reduced charge". Klatzow was also first to suggest that Kebble had committed assisted suicide.

Trial of Glen Agliotti

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On 16 November 2006, businessman Glenn Agliotti was arrested in connection with Kebble's murder. Agliotti, a convicted drug-dealer, was a personal friend ofJackie Selebi,the National Commissioner of theSouth African Police Service.[16]Agliotti admitted, and Selebi confirmed, that he had called Selebi shortly after Kebble's death, from near the scene of the murder.[3]Although Kebble's family denied that he would have committed suicide,[17][18]Agliotti claimed that his death had been an "assisted suicide."[19]In its indictment of Kebble on 27 October 2008, the National Prosecuting Authority gave credence to this claim: it recognised that Kebble had orchestrated his own murder, and sought to prosecute Agliotti for his involvement in the plot.[20][18]In 2009, while Agliotti was awaiting trial, Selebi was prosecuted for corruption, accused of accepting bribes and gifts from Kebble, Agliotti, and businessmanBilly Rautenbachin exchange for information and preferential police treatment.[21][22][23]During that trial, Agliotti testified that Kebble's security chief, Clinton Nassif, had, at Kebble's request, hired three hit men – Mikey Schultz, Nigel McGurk, and Faizel Smith – to shoot and kill him.[19]

Agliotti was ultimately charged with Kebble's murder; conspiracy to murder Kebble; the attempted murder of Stephen Mildenhall, anAllan Grayfund manager; and conspiracy to murder three other executives, Danie Nortier,Mark Bristow,andMark Wellesley-Wood.[4]When his trial began in theSouth Gauteng High Court,following several delays, in July 2010, Agliotti pleaded not guilty to all charges.[24]Early in the trial, one of the hit men, Mikey Schultz, confirmed Kebble's claim that he, McGurk, and Smith had been hired by Nassif – at a fee of R2 million – to assist Kebble in his own suicide. Schultz said that he had himself pulled the trigger and had shot Kebble five times.[4]

Schultz also testified that all of his instructions had come from Nassif, and thus admitted that he could not directly implicate Agliotti in the planning or execution of Kebble's death.[4]In November 2010, Agliotti was acquitted when the court ruled that the state had not made aprima faciecase against him.[25][26]TheScorpions,the elite unit of theNational Prosecuting Authoritywhich pursued Agliotti's prosecution before it was disbanded, was criticised for having indemnified Nassif, Schultz, and others implicated in the murder.[4]Some called it a "botched prosecution."[27]

Alleged criminal activities

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During the Selebi trial, it emerged that Agliotti had acted as middleman between Selebi and Kebble at a fee of $1 million, paid from the JCI books. Kebble employees had offered holidays to Selebi's family and, through Selebi, had provided equipment to the police,[28]and Selebi had attended dinners at the Kebbles' Johannesburg home and intervened in matters on their behalf.[17]The Scorpions also investigated accusations that Kebble made millions of rands in disguised payments to the ANC and its affiliates.[3][29]

During the Agliotti trial, Schultz testified that Kebble, through John Stratton, ordered the murder of several people, includingMartin Welz,the editor ofNoseweek.[24]Smith, another of the hit men hired by Nassif, said that he had paid two men to shoot anAllan Grayfund manager, Stephen Mildenhall, in August 2005, shortly after Kebble had been required to resign from his companies as a condition for a R500 million loan from Allan Gray.[30]

Randgold Resources fraud

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After Kebble's death, his companies submitted to forensic investigations.[31]It transpired that Kebble and other directors at JCI appropriated and sold 21.8 million shares ofRandgold Resources– worth some R2 billion – held by Randgold & Exploration.[32][33][34]Some of the proceeds were channeled into Western Areas, the other mining company controlled by Kebble.[35]Legal action has since been ongoing to resolve the issue of the missing Randgold Resources shares. On 21 January 2010, a revised settlement agreement was signed between the JCI Group and the Randgold & Exploration Group.[36]In 2019, Randgold & Exploration claimed it was owed R2.7 billion by Kebble's estate.[37]

Sale of art collection

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His art collection went under the hammer on 6 May 2009. Bidders from as far as Australia, New Zealand and Pennsylvania were at the auction. One hundred and thirty-three pieces of art were sold for ZAR53.90 million. This falls short of the one billion rand that he was said to have squandered.[38]

The Brett Kebble Art Awards

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Kebble was the controversial patron of theBrett Kebble Art Awards(BKAA) which he established in 2003 to provide a showcase for established artists, and to help those less known to attain recognition. It was also meant to build a non-racial bridge into the 21st century.

The Kebbleas it became known, was the most inclusive award of its kind (often criticized for including a "craft" category to be judged on par with the other mediums like painting, sculpture, printmaking and photography) in South Africa. Adding to this, it was also the richest, having a total purse of R620 000 (roughly $98 000) with a grand prize of R200 000 (roughly $32 000).

After Kebble's murder, his family decided to cancel the 2006 awards.

In February 2006, artistDeborah Weberopened a solo exhibition inJohannesburgcalledArt Media Media Arton the same day that the BKAA were to open at theCape Town International Convention Centre.She explored the time trajectory from being selected as an artist for the 2004 Kebble Art Awards, to working on the awards in 2005, and ending with Brett Kebble's death in September 2005.

Further reading

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  • David Klatzow (2010).Steeped in Blood.Zebra Press.ISBN978-1-77022-106-2.
  • Barry Sergeant (2006).Brett Kebble: The Inside Story.Zebra Press.ISBN978-1-77007-306-7.
  • Barry Sergeant (2013).The Kebble Collusion: Ten Fateful Days in a R26 Billion Fraud.Jacana Media.ISBN978-1-4314-0464-3.
  • Wiener, Mandy (2012).Killing Kebble: an underworld exposed.Johannesburg, South Africa: Pan Macmillan.ISBN978-1-77010-245-3.LCCN2011478826.
  • Muzi Kuzwayo (2007). "Forget the Vision and the Mission." InThere's a Tsotsi in the Boardroom.Jacana. p. 44.ISBN978-1-77009-087-3.

References

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  1. ^Mataboge, Phillip de Wet, Qaanitah Hunter, Mmanaledi."ANC to pay to make Kebble dirt go away".The M&G Online.Retrieved8 January2018.{{cite news}}:CS1 maint: multiple names: authors list (link)
  2. ^abcde"Obituary: Brett Kebble".The Guardian.6 October 2005.Archivedfrom the original on 29 August 2013.Retrieved19 November2021.
  3. ^abcdefghijkWines, Michael (15 March 2007)."A Dead Swindler Holds Sway Over South Africa".The New York Times.ISSN0362-4331.Retrieved19 November2021.
  4. ^abcde"Kebble murder trial: Trigger man testifies".The Mail & Guardian.26 July 2010.Retrieved19 November2021.
  5. ^abcCoulson, Michael (2012).The History of Mining: The events, technology and people involved in the industry that forged the modern world.Harriman House Limited. p. 293.ISBN978-0-85719-266-0.
  6. ^abcd"'I hope history will judge him kindly'".The Mail & Guardian.30 September 2005.Retrieved19 November2021.
  7. ^"From ANC hero to mining fraudster".Financial Times.28 May 2006.Retrieved19 November2021.
  8. ^"All roads lead to Western Areas".The Mail & Guardian.6 June 2006.Retrieved19 November2021.
  9. ^ab"Brett Kebble and the twist of 'slush fund' intrigue in South Africa's".The Independent.8 October 2005.Retrieved19 November2021.
  10. ^"ANCYL hails Kebble as a 'patriot'".IOL.28 September 2005.Archivedfrom the original on 20 November 2021.Retrieved19 November2021.
  11. ^"Kebble says donation to ANC a public duty'".Polity.26 January 2004.Archivedfrom the original on 20 November 2021.Retrieved19 November2021.
  12. ^"Court orders ANC official to return Kebble money".Business Day.Archivedfrom the original on 20 November 2021.Retrieved19 November2021.
  13. ^ab"More than 1 000 may attend Kebble funeral".IOL.4 October 2005.Archivedfrom the original on 20 November 2021.Retrieved19 November2021.
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  16. ^Wiener, Mandy."Agliotti denies Mauritius political, drugs scandal".News24.Archivedfrom the original on 11 November 2021.Retrieved11 November2021.
  17. ^abWiener, Mandy (25 August 2015)."Roger Kebble: In life and death, inextricably linked to his son Brett".Daily Maverick.Retrieved19 November2021.
  18. ^ab"Kebble slams Agliotti claims".IOL.14 December 2006.Archivedfrom the original on 27 August 2016.Retrieved25 August2016.
  19. ^abLegacy, Daily Maverick (9 October 2009)."New Kebble 'assisted suicide' and other 'absurdities' emerge at Selebi trial".Daily Maverick.Retrieved19 November2021.
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  21. ^"I am a victim of a plot - Selebi".Sowetan.6 October 2009.Archivedfrom the original on 11 November 2021.Retrieved10 November2021.
  22. ^Lapper, Richard (2 July 2010)."Former S Africa police chief guilty of graft".Financial Times.Retrieved10 November2021.
  23. ^"Selebi v State (240/2011)"(PDF).South African History Online.2 December 2011.Archived(PDF)from the original on 16 May 2018.Retrieved10 November2021.
  24. ^abRice, Andy (26 July 2010)."Agliotti trial reveals details of Kebble's dirty empire".Daily Maverick.Retrieved19 November2021.
  25. ^"South Africa drug dealer Agliotti freed in murder case".BBC News.25 November 2010.Retrieved10 November2021.
  26. ^Franz, Wild (25 November 2010)."Charges Against Agliotti for Kebble's Murder Dropped".Bloomberg.com.Bloomberg L.P.Retrieved25 August2016.
  27. ^Hlongwane, Sipho (26 November 2010)."Agliotti, forevermore the man who got away with murder".Daily Maverick.Retrieved19 November2021.
  28. ^Brkic, Branko (13 October 2009)."Selebi trial: a litany of lies, and more unanswered questions".Daily Maverick.Retrieved19 November2021.
  29. ^"Cronyism threatens to sour the South African dream".Financial Times.17 April 2006.Retrieved19 November2021.
  30. ^Rose, Rob (13 May 2021)."Inside the minds of C-suite goons".Business Day.Archivedfrom the original on 13 May 2021.Retrieved19 November2021.
  31. ^"PwC could face action over scandal at RandGold".Financial Times.2 April 2006.Retrieved19 November2021.
  32. ^New revelations on Kebble moneyArchived23 March 2006 at theWayback Machine
  33. ^Kebble's 'missing' moneyArchived3 March 2016 at theWayback Machine
  34. ^Ancyl link to Kebble fraudArchived3 March 2016 at theWayback Machine
  35. ^Seccombe, Allan (10 June 2020)."The Kebble legacy haunts Gold Fields two decades on".Business Day.Archivedfrom the original on 16 June 2020.Retrieved19 November2021.
  36. ^"Rand Gold & Exploration Company Limited".www.randgoldexp.co.za.Archived fromthe originalon 19 January 2012.Retrieved8 January2018.
  37. ^Seccombe, Allan (8 June 2020)."Randgold & Exploration sets its sights squarely on Gold Fields billions".BusinessLIVE.Archivedfrom the original on 20 November 2021.Retrieved19 November2021.
  38. ^"Enabling all Africans to invest in stock markets".Moneyweb.4 May 2017.Retrieved8 January2018.