POLITICS

ANC “star chamber:” must not hijack investigation – David Maynier

Mcebisi Jonas should be making a statement to police not to ruling party, says DA

An ANC “star chamber” has been established to investigate “Zuptagate” 

23 March 2016

Reports that Deputy Minister of Finance, Mcebisi Jonas, will participate in the ANC’s investigation into allegations that he was offered the position of Minister of Finance by members of the Gupta family, neatly illustrates what is wrong with ANC Secretary-General, Gwede Mantashe’s attempt to deal with the allegations surrounding “Zuptagate”. 

The announcement by the ANC Secretary-General, Gwede Mantashe, following a meeting of the ANC National Executive Committee (NEC) between 18 March 2016 and 20 March 2016, that ANC members with information, relating to “Zuptagate”, should approach his office, was widely welcomed. 

However, nobody should be fooled: what has been established is an ANC “star chamber” which (1) assumes the functions of the Executive including the South African Police Service, (2) assumes the functions of constitutional institutions including the Public Protector and (3) in the end is designed to manage and contain the political fallout from “Zuptagate”. 

The allegations made by the Deputy Minister of Finance, Mcebisi Jonas, are serious and amount to prima facie evidence of corruption in terms of thePrevention and Combating of Corruption Act (No. 12 of 2004). 

He should not be making a statement to the ANC’s “star chamber”; he should be making a statement to the South African Police Service. 

Moreover, former CEO of the Government Communication Information Service, Themba Maseko, held a “position of authority”, in terms of Section 34 (4) of the Prevention and Combating of Corrupt Activities Act (No. 12 of 2004), at the time of the alleged “Zuptagate” incident. 

He therefore has a duty, in terms of Section 34 (1) of the Prevention and Combating of Corrupt Activities Act (No 12 of 2004), to report the alleged corrupt activity to the South African Police Service. 

Rather than establish and ANC “star chamber”, what the ANC Secretary-General Gwede Mantashe should be doing is:

- reminding people that they have a duty to report alleged corrupt activity in terms of the Prevention and Combating of Corrupt Activity Act (No. 12 of 2004); and

- calling on every Minister, Deputy Minister and/or official who has personal knowledge of alleged corrupt activities, relating to “Zuptagate”, to come forward and report what they know to the South African Police Service.

We need to be very careful that the ANC’s “star chamber” does not hijack any investigation into “Zupagate” by the South African Police Service and/or the Public Protector. 

I will, therefore, write to the ANC Secretary-General, Gwede Mantashe, requesting him to provide a guarantee that should his office receive any information, as a result of his investigation into “Zuptagate”, which amounts to prima facie evidence of corruption, in terms of the Prevention and Combating of Corrupt Activities Act (No. 12 of 2004), that the information will be reported to the South African Police Service. 

Issued by David Maynier, DA Shadow Minister of Finance, 23 March 2016