DA Leader Maimane requests formal meeting with Public Protector

I have today written to the Public Protector, Advocate Busisiwe Mkhwebane, requesting a formal meeting in order to discuss a number of pressing matters linked to her office, and the performance of her constitutional mandate to investigate misconduct by government departments and entities and to protect the public’s interest.
The role of the Public Protector is integral to the proper functioning of our democracy, and now more than ever, we desperately need a Public Protector who is wholly committed to fighting for the people of South Africa – by tackling State Capture and corruption in all its forms. Therefore I will be raising the followings matters, among others:

  1. Whether she has ever met with any members of the Gupta family, in any capacity whatsoever, and if so, what circumstances necessitated such a meeting;
  2. The latest developments with regards to the new “preliminary investigation” into State Capture, which was announced on 15 June 2017. The investigation aims to determine the merits of several allegations of corruption and unlawful enrichment emanating from the infamous “Gupta Leaks”;
  3. The progress on a number of ongoing investigations following complaints by the DA over the past 12 months. These include the following:
  • Investigation into Cooperative Governance and Traditional Affairs Minister, Des Van Rooyen, for allegedly misleading Parliament and the public regarding his visit to the Gupta’s family home in Saxonwold;
  • Investigation into former acting Eskom CEO, Mr Matshela Koko, for allegedly awarding a R1 billion contract to his step-daughter while at Eskom;
  • Investigation into the R 30 million pension payout to former Eskom CEO Brain Molefe, allegedly authorised by Public Enterprises Minister, Lynne Brown;
  • Investigation into Public Enterprises Minister, Lynne Brown, for allegedly misleading Parliament when she failed to disclose if there had been any contracts of engagement between Eskom and Gupta-linked company Trillian Capital Partners;
  • Investigation into former Home Affairs Minister, Malusi Gigaba and the naturalisation of, and issuing of visas to, members of the Gupta family;
  • Investigation into Police Minister, Fikile Mbalula, and former Acting National Police Commissioner Kgomotso Phahlane for the misuse of state resources in provinding VIP protection to Nkosazana Dlamini Zuma; and
  • Investigation into the alleged breach of the Ethics Code and the Power, Privileges and Immunities Act by Mineral Resources Minister, Mosebenzi Zwane, for willfully misleading Parliament by failing to disclose his personal interests pertaining to the Guptas;
  1. Clarity regarding the allegation that she concealed submissions received from Black First Land First about her investigation into the apartheid-era bailout of Bankorp by the South African Reserve Bank (SARB); and
  2. What her plan of action is regarding those who are actually pulling the strings when it comes to State Capture – including President Zuma, several of his cabinet ministers, and the Gupta family. To date, the real architects and technicians of State Capture have escaped unscathed, while board members, senior executives, and government officials have been used as scapegoats.

We are optimistic that as a constitutional officer bearer, Adv Mkhwebane will accede to this request and be forthcoming with the information sought.
At a time such as this, when our country is under siege by thieves and captors, South Africans deserve to be assured that the constitutional bodies and institutions created to fight for them are indeed doing so, and not acting on political instruction.

Mbalula should suspend Phahlane over allegations of non-cooperation with IPID

The DA will write to the new Police Minister, Fikile Mbalula, to strongly urge him to do what his predecessor, Nathi Nhleko, failed to do, and immediately suspend Acting National Police Commissioner, Khomotso Phahlane, pending the outcome of the current Independent Police Investigative Directorate (IPID) investigations into numerous disturbing allegations against him.
Reports today indicate that Phahlane continues to frustrate attempts by IPID to carry out their investigation into allegations that he took money for awarding tenders while he was the head of SAPS forensic services.
Phahlane’s lawyers claim that he is not being investigated by an “independent investigatory body.”
However, the fact is that IPID is the body established by national legislation, to investigate alleged misconduct or offences committed by members of the police service.
Phahlane’s continued refusal to cooperate with IPID is therefore deeply concerning. If he has nothing to hide, he should have no issue with providing IPID with the information they require in a bid to clear his name.
As the head of the SAPS who are responsible for protecting South Africans, it is vital that he be beyond reproach. Therefore, he should give his full cooperation to the investigation and allow IPID to follow due and proper processes.
The SAPS cannot afford to be shaken by more uncertainty in its senior ranks and it is imperative that South Africans are able to trust that SAPS leadership is fit and proper.
It is high time that Mbalula shows he is serious about leading the fight against crime and protecting South Africans by suspending Phahlane pending the outcome of the investigations into him.

Chief Justice office robbery: DA demands answers from Phahlane on ‘bogus’ arrests

The DA will request that the Acting National Police Commissioner, Khomotso Phahlane, be summoned urgently to brief the Portfolio Committee on Justice and Correctional Services to account for the seemingly bogus arrests in relation to the break-in at the office of the Chief Justice on the weekend.
Yesterday, Phahlane announced that three arrests had been made in relation to the break-in. Yet, according to media reports, it appears that the arrests had nothing to do with the break-in.
One of the three suspects was released yesterday as there were no charges against him, and the charge sheets for the other two suspects contained no mention of the break-in.
The DA views this burglary as a brazen attack on the Judiciary, the timing of which is highly suspicious considering the damning judgement handed down by the Constitutional Court in the social grants crisis the previous day.
This act must therefore be treated with the seriousness it deserves yet the police seem content to go after the small guys when they should focus on getting to the bottom of who was behind the break-in.
The DA has already requested that the Ministers of Police, State Security and Justice urgently appear before the Portfolio Committee to account for the robbery. Phahlane must now join them so we can get the full picture on what is being done to address this attack on the very foundations of our democracy.
What is also of concern is the fact that the personal information of 250 Judges was stolen, putting their security at risk. The DA will therefore also request an update from the respective Ministers, as to what is being done to ensure the safety of the affected judges.
The Justice Portfolio Committee has an opportunity to meet next week, given that all meeting this week were cancelled at the last minute.
The DA urges the Chairperson of the Committee to address this matter with urgency and summon the relevant Ministers so that we can properly deal with this very serious attack.