DA requests NPA and SAPS to investigate Magashule and former Free State MECs

5 September 2020

Please find attached English and Afrikaans soundbites by Dr Roy Jankielsohn MPL, Leader of the Official Opposition in the Free State Legislature,as well as a video.

The Democratic Alliance (DA) has lodged affidavits with both the National Prosecuting Authority (NPA) and the South African Police Services (SAPS) with a request that they investigate charges against former Free State Premier Ace Magashule and former Members of the Executive Council (MECs).

The complaints relate to the alleged malfeasance regarding the appointment of Letlaka Media Services CC as a communication service provider for the Free State Provincial Government and the appointment of the controversial Gupta-linked Estina in the Vrede Integrated Dairy Project.

The request for investigation is in terms of Section 34 of the Prevention and Combatting of Corrupt Activities Act (12 of 2004) that states that any person who holds a position of authority and who knows, or ought reasonably to have known or suspected, that any other person has committed an offence in terms of the Act is similarly guilty of an offence.

In South Africa it is standard practice when cases of corruption are exposed for the implicated officials to be thrown under the bus, while the politicians pretend to be deaf, dumb and blind.

Officials in government should not face the wheels of justice alone. The deliberately blind and blatantly complicit political architects of corruption are accomplices in many underhanded schemes to illegally liberate funds from government and must likewise be investigated, charged and punished.

Section 34 of this Act is the proverbial “Ace of Spades” in the game of cards that should be used to dig the legal graves of politicians who act as if they are above the law.

The DA’s affidavits contain the necessary proof that former Premier Ace Magashule and former MECs were aware of allegations of serious illegality in the appointment of both Letlaka and Estina. In the case of Estina the DA has requested Ace Magashule and the former MECs of the Department of Agriculture and Rural Development, Mamiki Qabathe, and for Finance, Elzabe Rockman, to be investigated.

The alleged malfeasance regarding the Letlaka contract took place in the Office of the Premier and Magashule must be held accountable for this. The alleged malfeasance in both instances was revealed in reports on National Treasury investigations as well as other documents.

MECs in the province have the executive authority to order investigations and issue directives regarding allegations of illegality in contracts with the provincial government as well as payments emanating from such contracts. The Premier and MECs have a responsibility in terms of the Prevention and Combating of Corrupt Activities Act to report the illegal activities to the SAPS. Failure to do so makes them complicit and guilty of criminal offences.

This Act was crafted to hold politicians accountable and must be used to set an example to politicians who ignore, or are part of, illegal activities at the cost of our scarce financial resources and the delivery of services to all our people in the Free State.

The DA is optimistic that the NPA and the SAPS now have the necessary proof to convict politicians on Section 34 of the Act and obtain a criminal court judgement that can be a game changer in the fight against corruption in South Africa.

Issued by Roy Jankielsohn, Leader of the Official Opposition in the Free State Legislature, 5 September 2020