DA calls for terms of reference of Necsa task team to be made public

27 February 2015

The DA has in its possession documents that present a prima facie case of widespread maladministration, a flagrant disregard for due process, and potential fraud being perpetrated at the Nuclear Energy Corporation of South Africa (Necsa) (see BDlive report).

In terms of the Public Finance Management Act and the Prevention and Combating of Corrupt Activities Act, Necsa is compelled to institute an independent forensic investigation with proper terms of reference.

On 20 February, Minister of Energy, Tina Joemat-Pettersson, appointed a Department of Energy (DoE) Task Team to conduct a thorough investigation into the affairs of the Necsa Board. 

While there is a genuine case for an investigation into NECSA, we are concerned that the Task Team's terms of reference, its composition and the complete scope of its investigation are yet to be made public. 

This follows allegations that the Task Team is being used as a smoke screen by the Minister to protect the politically connected CEO, Phumzile Tshelane. 

It is reported that on 28 January Mr Tshelane, upon suspension pending a disciplinary inquiry into his actions, contacted the President's Nuclear Advisor, Senti Thobejane, to intervene regarding his suspension. A board meeting - that was opened by the Minister but led by Thobejane - was hastily called on 2 February. At this board meeting, Thobejane asked the board to stay disciplinary proceedings against Tshelane. The Minister, after giving a directive that the CEO must return to his normal duties, announced the appointment of the Task Team. 

This is tantamount to the Board being asked to ignore their fiduciary duty.   

I will therefore be writing to the Minister requesting that all relevant details of the Task Team be made public without delay. Until this information is released publicly, the independence of such a Task Team remains questionable. The report must be made public and tabled in Parliament so the true intentions of the probe can be thoroughly interrogated.

If political interference has been used to protect close allies of President Zuma, appropriate remedial steps - which could include dismissal and possibly jail time - must be instituted. 

Statement issued by Gordon Mackay, DA Shadow Deputy Minister of Energy, February 27 2015

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