Bain & Co has been party to a massive crime. Without their hatchet job at SA Revenue Service (Sars), the amount stolen in state capture would have been far less.
There may be criminal culpability. They should be approached to willingly pay a fine of many tens of billions of rand equal to what has been stolen as a result of them facilitating the crime.
Any international firm doing business with a government where there is a whiff of corruption should very carefully check how they obtain their contracts and what they advise. It’s highly unlikely that Bain’s international management were not fully aware of the goings-on in SA.
A fine of R25bn or more would be fair. Alternatively, their business in SA should be closed, and their head office would likely follow suit.
There is much talk recently about changing legislation to make looting by criminal political leaders more difficult. But it’s the business community that pays for and facilitates these bribes that must change. Until people in their management are sent to jail for such deals, state capture and corruption will remain an unpleasant part of capitalism.