How much trouble is international consulting firm McKinsey in as a consequence of its involvement in Eskom and Transnet contracts? The short answer, I think, is a lot. The problem doesn’t relate so much to the South African operation because SA’s prosecutors have made it clear that they don’t intend to investigate anything related to the Gupta empire. This is despite the fact that a graduate law student with one hand tied behind her back and her foot in a pot of glue could find a dozen cases of fraud and theft on an average weekend just from what the news media has reported so far. Head of the National Prosecuting Authority Shaun Abrahams is fast winning the prize as the most gutless prosecutor in global history, but that is another story. McKinsey’s problem relates more to more diligent prosecutors overseas who operate under laws such as the Foreign Corrupt Practices Act in the US and the Bribery Act in the UK. In both cases, what appears to have happened here may violate these pie...

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