I’m mesmerised by the Public Investment Corporation’s case against technology company AYO, currently playing out in the Western Cape High Court. This is an ongoing case, so it’s important to note that evidence is unfolding, and AYO has not yet put up its defence. But so far, it seems to me, the case hinges on an odd notion: is it illegal to make a really stupid investment? I mean, really, really stupid? After all, it’s not as though that hasn’t happened before in the history of investing.
This is all very bad for the PIC because it now looks like a complete, total financial idiot, which is not good for an organisation charged with investing the retirement savings of the public service. Hence, the court case, in which it is essentially trying to clear its name. But I return to my opening question: is it really illegal to make a stupid investment?
But it did. By all accounts, Matjila just bulldozed it through. Seanie testified that the time it took was unusually short, his recommendation was critical of the transaction as proposed, and it was not procedural because the investment committee hadn’t approved it at the time Matjila agreed to the deal.
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