Dr Ameenah Gurib-Fakim, who was appointed president in 2015, accused Absa Bank (Mauritius) Limited of leaking her personal and bank details, which was subsequently published in a Mauritian newspaper. Her civil matter with Absa was due to commence in the Supreme Court of Mauritius on Friday, but was postponed to June 15. The article in question, which was published on February 28, 2018, titled: Les folles dpenses de Madame la prsidente (Madam President's spending sprees) claimed she used a credit card belonging to a NGO she represented to shop for jewellery and designer clothing items at stores around the world.
It was also alleged that Gurib-Fakim, who is an internationally renowned scientist and prolific writer, was affiliated with the Planet Earth Institute (PEI) NGO during her years as president, used the PEI's credit card and spent approximately R500 000 between September 2016 and March 2017 on shopping sprees. Bank statements showing the transactions and other personal details of Gurib-Fakim appeared in the article. The article also focused on Gurib-Fakim's interactions with Angolan billionaire businessman, Alvaro Sobrihno, the founder of PEI, who was the subject of fraud investigations at the time. It was said that Sobrinho won favour for Mauritian business deals because of Gurib-Fakims influence.
The article gave rise to intense media attention before Gurib-Fakims resignation in March 2018, shortly after her nations 50th independence day celebrations. Gurib-Fakim reimbursed the PEI for her private spending before her resignation, and had maintained her innocence from the onset of the scandal. She attempted to set-up her own commission of inquiry to probe the authenticity of the allegations made against her, before exiting the presidents office. But it was immediately shot down by the then Prime Minister, who wrote to her saying that such action was a breach of the fundamentals in their Constitution.
The then acting president instituted a commission of inquiry, which included past and present members of the Mauritian judiciary, in May 2018. Their mandate was to look into Gurib-Fakims alleged constitutional breaches by attempting to set up her commission and any other acts of improper conduct while in office. In September last year, the commissions report was made public by the Prime Minister. In accusing Gurib-Fakim of unlawful, abusive and improper use of the Office of President, some of the commissions findings were that she had violated various clauses in the Mauritian Constitution.
Some of the listed violations were; attempting to set up her own commission, the use of the PEIs credit card and using her office to favour Sobrihno and others. Gurib-Fakim, who made the Forbes list of the worlds 100 most powerful women in 2016, has since challenged the integrity of the commissions report by also applying to the Supreme Court for a judicial review of the document. That matter is due to be heard on May 24. Gurib-Fakim believed the work of the commission was not about seeking the truth, but was an eye-washing exercise that already unfairly reached a foregone conclusion.
She claimed that she was not confronted about some of the evidence considered nor was she given the opportunity to respond. Instead, the commission targeted selected issues instead of crucial ones. Gurib-Fakim accused the board of entertaining persons who had a clear motive against her and presented mudslinging evidence. About her alleged constitutional breaches in attempting to set-up her own commission, Gurib-Fakim regards those findings to be factually unsupported, irrational and unreasonable. She maintained that she was cognisant of the legal requirements to set-up a commission, there was no evidence to show that she did set one up.
Therefore, she wrote to the Prime Minister on March 16, 2018 about such a proposal. Gurib-Fakim maintained that according to their law, there was no evidence that her use of the PEI credit card was unlawful or that the funds used were proceeds of criminality. She said her involvement with the PEI was approved by the then Prime Minister and government. Gurib-Fakim refuted giving Sobrinho preferential treatment and that she abused the powers of her office, and the commission's findings accordingly were flawed and politically motivated, yet she acted at all times within the parameters of the law.
Therefore, she asked the court to find in her favour. Regarding the Absa matter, Gurib-Fakim said the bank had become a legal custodian of her confidential details having been issued with the PEIs credit card. On the day the article appeared, Gurib-Fakim said a senior bank official expressed concern over the breach and assured her an investigation would be conducted. Two other senior officials also expressed similar concerns 10 days later. Gurib-Fakim said she never consented to her details being made public and that Absa had breached its responsibilities by failing to ensure secrecy, and that the said information was still freely accessible on the internet.
Since the article emerged, Gurib-Fakim said she was yet to be made aware of any investigation by Absa, that no action was taken against the newspaper in question and she was still suffering ongoing prejudice and substantial damage. I was shocked to see my bank details splashed in the press. Normally bank details are accessed upon a judges order when there was any form of felony. Here I was, a sitting president of the republic with my details in the press. Absa, as my bank, has let me down.
It did not protect me as a client, which they ought to. All the banking laws have been flouted. Gurib-Fakim has no doubt the breach was politically motivated. The questions people must ask themselves: if a government has done this to a president, whats in store for the common people? Gurib-Fakim asked. Andre Robert, Absas legal representative said: The claim is resisted to the fullest extent. The Mauritian government did not respond to questions by the Sunday Tribune.
