Lifted gag order accelerates IDC’s investigation into solar panel manufacturer
Whistleblowers allege that the company misrepresented China-manufactured panels as locally produced in New Germany.
THE Industrial Development Corporation (IDC) has said that the decision by New Germany-based solar panel manufacturer ARTsolar to withdraw an interim interdict that gagged whistleblowers and a journalist “has cleared the way” for it to “accelerate” its probe into the allegations against the company.
Responding to the Highway Mail’s media enquiry, the IDC’s Head of Corporate Affairs, Tshepo Ramodibe, said the corporation’s policy states that it does not publicly disclose processes and outcomes of investigations.
“Any decisions regarding whether we will share the outcomes of this investigation with the Department of Trade, Industry and Competition will be guided by our internal governance protocols once the investigation is concluded,” said Ramodibe.
This follows a report that the IDC is reviewing an investigation by its forensic auditor, which probed allegations that ARTsolar, which received R90m in funding from the IDC in 2022, had been unethical and dishonest in its business conduct.
This is according to the legal representative of local businessman Brett Latimer, who made the allegations that the company, ARTsolar, misrepresented China-manufactured panels as locally produced in New Germany. ARTsolar had supplied solar panels to Latimer’s company.
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The legal representative, Mahomed Omar, was speaking to the Highway Mail after the Durban High Court on Tuesday, July 29, set aside an interim order secured by ARTsolar against his client and whistleblowers Kandace Singh and Shalendra Hansraj, who are former employees of the manufacturer.
In a development that raised concern within the media industry, the interdict had also barred the trio from speaking to the press, and Independent Media journalist Bongani Hans was prohibited from reporting on the claims. This led to the Amabhungane Centre for Investigative Journalism applying to be admitted in the case as amicus curiae (friend of the court).
Omar said it was welcomed that the “draconian” and “drastic” interim order had “fallen away”.
In April, the IDC launched an urgent application in the Durban High Court, which argued that it should not have been included in the scope of the March interdict, noting that its investigation was initiated at the request of the Department of Trade, Industry and Competition (DTIC), with a 90-day timeline.
Acting Judge P Wallis found that the IDC has “a direct and substantial interest” in the matter given its statutory mandate and ordered the removal of the IDC’s name from the scope of the original order. Omar said the DTIC had also injected over R20m into ARTsolar.
Meanwhile, according to court records, ARTsolar received the IDC funding to install a modern manufacturing plant and machinery for the local production of photovoltaic solar panels.
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