NEWS & ANALYSIS

I cannot answer these questions – Jacob Zuma

These are the ones relating to the PP's state capture report, to which President is contemplating a court challenge

President Jacob Zuma’s Replies to Parliamentary Questions for Written Reply

14 November 2016

QUESTION NO:      2174

Date Published:     October 2016

Ms T Gqada (DA) to ask the President of the Republic:

(1) Whether, in pursuance of the Constitutional Court Ruling on Nkandla, he obtained a mortgage loan from the VBS Mutual Bank in order to settle the R7,8 million ordered by the court for non-security related upgrades at his private residence at Nkandla in KwaZulu-Natal; if not, what is the position in this regard; if so, (a) on what date did he secure the specified loan from the specified bank, (b) what was the amount of the loan and (c) did he obtain the loan in his name;

(2) whether he will furnish Ms T Gqada with a copy of the loan; if not, why not; if so, by what date? 

Reply:

I raised the amount R7 814 155.00 through a home loan obtained from VBS Mutual Bank on its standard terms. VBS Mutual Bank is one of the few financial institutions which offer home loans in respect of land owned by traditional authorities.

After paying over the amount of R7 814 155 00 to the South African Reserve Bank, I as a matter of courtesy, advised the Constitutional Court that I have paid the amount as per the order of that court. I deem such notification sufficient and compliant with both the order of court and of my constitutional obligations.

QUESTION NO:      2268  

Date Published:     October 2016

The Leader of the Opposition (DA) to ask the President of the Republic:

(1)  With reference to his reply to oral question 9 on 19 June 2013, what are the details of the nature of his relationship with a certain family (name furnished);

(2)  (a)(i) in which capacity and (ii) on what dates in 2015 did he visit the specified family at their residence and (b) what was the reason for each visit;

(3)  has any member of the family ever given (a) him and/or (b) any member of his family a gift, no matter how trivial; if so, in each case, what are the details of the gift?

Reply:

The questions asked form part of the subject matter of the Report into Allegations of improper and unethical conduct by the President and other state functionaries on matters relating to the removal and appointment of Ministers and Executives of State Owned Enterprises. It is clear from the remedial action to be taken that the Report is inconclusive. After the report was released, I have since indicated that I am giving consideration to the contents of the report in order to ascertain whether it should be a subject of a court challenge. I therefore cannot answer these questions as they form part of the said report.

QUESTION NO:      2269  

Date Published:     October 2016

The Leader of the Opposition (DA) to ask the President of the Republic:

(1)  With reference to section 91(2) of the Constitution of the Republic of South Africa, 1996 and in the light of the allegations by a certain person (name and details furnished) that private persons excercised these powers that were exclusively provided for him, what is his position regarding such allegations that the specified person was offered a cabinet position by a member of a certain family (name furnished) during meetings at their residence in October 2010 in return for the cancellation of an SA Airways route to India;

(2)  was he present at a certain residence (name furnished) when the offer was allegedly made to the person;

(3)  whether he held any meetings with the person between 1 October 2010 and 31 December 2010; if not, what is his position regarding claims to the contrary; if so, (a) how many meetings did the specified person request with him during the specified period, (b) how many requests resulted in a meeting being held and (c) what was the reason for each meeting not being held with the person as requested?

Reply:

The questions asked form part of the subject matter of the Report into Allegations of improper and unethical conduct by the President and other state functionaries on matters relating to the removal and appointment of Ministers and Executives of State Owned Enterprises. It is clear from the remedial action to be taken that the Report is inconclusive. After the report was released, I have since indicated that I am giving consideration to the contents of the report in order to ascertain whether it should be a subject of a court challenge. I therefore cannot answer these questions as they form part of the said report.

QUESTION NO:      2271  

Date Published:     October 2016

Mr J H Steenhuisen (DA) to ask the President of the Republic:

(1)  What is the position with regard to allegations by a certain person (name and details furnished) that a certain person (name furnished) sought to influence the spending of the Government Communication and Information System in favour of The New Age newspaper during a meeting at their residence;

(2)  whether he called the specified person at any point in 2015 to assist certain brothers (names furnished);

(3)  whether he will make a statement regarding allegations that certain persons (details furnished) threatened the person’s job if the person did not accede to the family’s demands?

Reply:

The questions asked form part of the subject matter of the Report into Allegations of improper and unethical conduct by the President and other state functionaries on matters relating to the removal and appointment of Ministers and Executives of State Owned Enterprises. It is clear from the remedial action to be taken that the Report is inconclusive. After the report was released, I have since indicated that I am giving consideration to the contents of the report in order to ascertain whether it should be a subject of a court challenge. I therefore cannot answer these questions as they form part of the said report.

QUESTION NO:      2272.

Date Published:     October 2016

Mr J H Steenhuisen (DA) to ask the President of the Republic:

Whether he will make a statement with regard to the allegation that a certain person (name and details furnished) was informed by a certain family (name furnished) about the specified person’s imminent appointment to the Cabinet (details furnished) before it was announced by him; if so, what is his response?                                                                                                         

Reply:

The questions asked form part of the subject matter of the Report into Allegations of improper and unethical conduct by the President and other state functionaries on matters relating to the removal and appointment of Ministers and Executives of State Owned Enterprises. It is clear from the remedial action to be taken that the Report is inconclusive. After the report was released, I have since indicated that I am giving consideration to the contents of the report in order to ascertain whether it should be a subject of a court challenge. I therefore cannot answer these questions as they form part of the said report.

QUESTION NO:      2273  

Date Published:     October 2016

Mr J H Steenhuisen (DA) to ask the President of the Republic:

Did he ever visit the estate of a certain family (name and details furnished) at the same time as certain other persons (names furnished) were present; if so, in each case, what was the reason for the visit?       

Reply:

The questions asked form part of the subject matter of the Report into Allegations of improper and unethical conduct by the President and other state functionaries on matters relating to the removal and appointment of Ministers and Executives of State Owned Enterprises. It is clear from the remedial action to be taken that the Report is inconclusive. After the report was released, I have since indicated that I am giving consideration to the contents of the report in order to ascertain whether it should be a subject of a court challenge. I therefore cannot answer these questions as they form part of the said report.

QUESTION NO:      2275

Date Published:     October 2016

Adv G Breytenbach (DA) to ask the President of the Republic:

Whether he ever visited a certain residence (details furnished) at the same time as a certain person (name furnished) visited there; if so, what was the reason for the visit?                                                                                   

Reply:

The questions asked form part of the subject matter of the Report into Allegations of improper and unethical conduct by the President and other state functionaries on matters relating to the removal and appointment of Ministers and Executives of State Owned Enterprises. It is clear from the remedial action to be taken that the Report is inconclusive. After the report was released, I have since indicated that I am giving consideration to the contents of the report in order to ascertain whether it should be a subject of a court challenge. I therefore cannot answer these questions as they form part of the said report.

QUESTION NO:      2277

Date Published:     October 2016

Mr M Waters (DA) to ask the President of the Republic:

(1)  Has he ever considered withdrawing from a Cabinet meeting due to a conflict of interest; if so, (a) which meeting(s) did he consider withdrawing from and (b) for what reason specifically in each case;

(2)  has he ever declared the (a) personal and (b) professional relationships of a certain person (name furnished) with members of a certain family (name furnished) to the Cabinet in order to mitigate a potential conflict of interest; if so, what are the relevant details?                                                                                                                                                 

Reply:

The questions asked form part of the subject matter of the Report into Allegations of improper and unethical conduct by the President and other state functionaries on matters relating to the removal and appointment of Ministers and Executives of State Owned Enterprises. It is clear from the remedial action to be taken that the Report is inconclusive. After the report was released, I have since indicated that I am giving consideration to the contents of the report in order to ascertain whether it should be a subject of a court challenge. I therefore cannot answer these questions as they form part of the said report.

QUESTION NO:      2278

Date Published:     October 2016

Mr W Horn (DA) to ask the President of the Republic:

(1)  (a) Why did he not include any values in his declarations during the period 2009 to 2016, and (b) were (i) the specified declarations made to the Cabinet secretariat in each of the respective calendar years complete and (ii) there no other declarations elsewhere;

(2)  in light of the fact that he previously declared a certain house used by a certain person (name and details furnished) as an asset and indicated an amount of R18 000 per month as an installment, (a) how does he reconcile the R18 000 installment indicated in his disclosures for the specified house with the R79 715 installment in the mortgage bond of a certain bank (name furnished), (b) why did a certain mining company (name furnished) provide security for the specified bond and (c) why was this declaration not made in recent years?                                                                                                                

Reply

The questions asked form part of the subject matter of the Report into Allegations of improper and unethical conduct by the President and other state functionaries on matters relating to the removal and appointment of Ministers and Executives of State Owned Enterprises. It is clear from the remedial action to be taken that the Report is inconclusive. After the report was released, I have since indicated that I am giving consideration to the contents of the report in order to ascertain whether it should be a subject of a court challenge. I therefore cannot answer these questions as they form part of the said report.

QUESTION NO:      2276

Date Published:     October 2016

Adv G Breytenbach (DA) to ask the President of the Republic:

Whether, with reference to his previous declaration of the Waterkloof house as an asset, which is used by a certain person (name furnished), (a) a certain family (name furnished) and/or (b) a company linked to the family assisted the person (details furnished) in purchasing the house; if not, what is the position in this regard; if so, why did the specified family assist the specified person?                                                                                                                                  

Reply:

The questions asked form part of the subject matter of the Report into Allegations of improper and unethical conduct by the President and other state functionaries on matters relating to the removal and appointment of Ministers and Executives of State Owned Enterprises. It is clear from the remedial action to be taken that the Report is inconclusive. After the report was released, I have since indicated that I am giving consideration to the contents of the report in order to ascertain whether it should be a subject of a court challenge. I therefore cannot answer these questions as they form part of the said report.

QUESTION NO:      2322

Date Published:     October 2016

Ms D Carter (Cope) to ask the President of the Republic:

Whether (a) he, (b) any entity associated with him and/or his family and (c) members of his family received any payments from (i) a certain businessman (name and details furnished) and/or (ii) a certain company (details furnished); if so, (aa) what was the (aaa) amount and (bbb) rationale behind the received payments in each case and (bb) why did he not declare these financial benefits in accordance with the Executive Ethics Code?                                             

Reply:

The questions asked form part of the subject matter of the Report into Allegations of improper and unethical conduct by the President and other state functionaries on matters relating to the removal and appointment of Ministers and Executives of State Owned Enterprises. It is clear from the remedial action to be taken that the Report is inconclusive. After the report was released, I have since indicated that I am giving consideration to the contents of the report in order to ascertain whether it should be a subject of a court challenge. I therefore cannot answer these questions as they form part of the said report.

QUESTION NO:      2137  

Date Published:     October 2016

Mr D J Maynier (DA) to ask the President of the Republic:

Whether, with reference to his reply to oral question 17 on 13 September 2016, he has engaged with the Minister of Mineral Resources on the controversy surrounding the statement issued by the Minister on 1 September 2016; if not, why not; if so, what are the relevant details?                                                       

Reply:

I reprimanded the Minister of Mineral Resources for the statement.  

QUESTION NO:      2488

Date Published:     October 2016

Ms D Carter (Cope) to ask the President of the Republic:

Whether, in view of the Constitutional Court’s finding that his failure to comply with the remedial action taken against him by the Public Protector is inconsistent with his obligations to uphold, defend and respect the Constitution as the supreme law of the Republic, as well as allegations of corruption, state capture, maladministration, violent unrest against the State and a growing call by #SaveSouthAfrica and the citizens of the country that he must vacate his Office (details furnished), he can rationally justify the continuation of his Presidency; if not, by what date does he intend to tender his resignation; if so, what is the justification?NW2870E

Reply:

The Constitution of the Republic of South Africa, 1996, enjoins me to serve as the President of the Republic of South Africa until my five-year term expires in 2019.          

QUESTION NO:      2138

Date Published:     October 2016

Mr D J Maynier (DA) to ask the President of the Republic:

(1)  Whether the statement issued by the Minister of Mineral Resources on 1 September 2016 was issued in the Minister’s personal capacity; if not, what are the relevant details; if so, why did the Minister state in a reply to written question 1892 on 22 September 2016 that he was not speaking in his personal capacity;

(2)  whether the specified statement reflects Cabinet’s position on the recommendations contained in the inter-ministerial committee’s report; if not, why not; if so, why did the Minister claim in a reply to written question 1892 on 22 September 2016 that four of the specified recommendations were approved by Cabinet;

(3)  whether any action has been taken against the specified minister for issuing the specified statement; if not, why not; if so, what are the relevant details?                                                                                 

Reply: 

I had indicated in my previous reply that the statement issued by the Minister of Mineral Resources, Mr Mosebenzi Zwane on 1 September 2016, on the work of the task team established to consider the implications of the decisions of certain banks and audit firms to close down the accounts and withdraw audit services from the company named Oakbay Investments, was issued in his personal capacity and not on behalf of the task team or Cabinet. I am not in the position to answer why the Minister Zwane in his reply on 22 September 2016 said that he was not speaking in his personal capacity.  The question in this regard must be directed to the Minister. 

I reprimanded the Minister for the statement.

QUESTION NO:      2274  

Date Published:     October 2016

Adv G Breytenbach (DA) to ask the President of the Republic:

Whether, with reference to his reply to question 109 on 20 September 2016, he ever visited a certain residence (details furnished) at the same time as certain persons (names furnished) visited there; if so, in each case, what was the reason for the visit?      

Reply:

The questions asked form part of the subject matter of the Report into Allegations of improper and unethical conduct by the President and other state functionaries on matters relating to the removal and appointment of Ministers and Executives of State Owned Enterprises. It is clear from the remedial action to be taken that the Report is inconclusive. After the report was released, I have since indicated that I am giving consideration to the contents of the report in order to ascertain whether it should be a subject of a court challenge. I therefore cannot answer these questions as they form part of the said report.

Issued by Bongani Ngqulunga on behalf of the Presidency, 14 November 2016