Bosasagate: More questions only an independent inquiry can answer

The Democratic Alliance (DA) notes yesterday’s press release by law firm Edelstein, Farber and Grobler (EFG), who have now confirmed that they did in fact act as a conduit through which money was channelled to Cyril Ramaphosa’s campaign to become ANC President. This includes – but is not limited to – the dubious R500 000 “donation” from Bosasa CEO, Gavin Watson.

In particular, EFG states that “the trust account was created for the purposes of collecting funds in respect of the CR17 campaign and the funds received in the trust have been properly accounted for and audited.”

But if this were true, and all of the funds were properly accounted for, then why didn’t they know that Bosasa had made a donation, and why did the President initially say this payment was for his son? There are still far more questions than answers. This is why we have called for the President to initiate an independent inquiry into Bosasa, so that we can get to the bottom of all of these questions.

If the President, EFG, and Mr Afriat are satisfied that all (other) transactions were above board, there should be no hesitation to accede to this request for an independent inquiry.

Moreover, I will be formally approaching the Zondo Commission of Inquiry into State Capture, requesting they probe the precise role Jeffery Afriat played during his tenure as a director at Trillian Capital, and to establish whether he had any relationship with the Gupta family and their business associates, including the Zuma family.

The reality is that Mr Afriat was a director of Trillian Capital. Afriat is also cited twice by name in Thuli Madonsela’s State of Capture report. Afriat resigned as Trillian director shortly before the Budlender Inquiry into Trillian was launched. These are not wild allegations, they are just facts, and they are worthy of further exploration by an independent inquiry.

I have called on President Ramaphosa to immediately appoint a full-scale independent inquiry – headed by a retired judge to be selected by the Chief Justice – to fully investigate the Bosasa scandal, which now involves the President and his family. The President should do so without delay.

#16DaysOfActivism: ANC has failed the women and children of Petrusville

Note to Editors: Please find attached a soundbite by DA Team One SA Spokesperson on Women, Dr Nomafrench Mbombo. Pictures can be downloaded here and here.

 

Today, DA Team One SA Spokesperson on Women Dr Nomafrench Mbombo engaged with the community of Petrusville, in the Northern Cape where a 44-year-old blind woman was allegedly raped in a communal toilet.

The women and children of Petrusville live under siege, and gender-based violence has become the order of the day in the community.

The scourge of rape has been exacerbated by the lack of basic services. There are no street lights and, in some areas, people share one communal toilet. This has left vulnerable women and children at risk of falling victim to rape.

The lack of proper policing in the area has also contributed to the high levels of gender-based violence.

It is for this reason the DA handed over a memorandum to the Petrusville police to request that a dedicated police officer is dispatched to patrol the area. We also called on the local police authorities to strengthen sexual abuse prevention programmes in the community.

Petrusville is one of many communities that has been neglected by the failing ANC government. With the 16 Days of Activism Against Gender-Based Violence campaign having kicked off on Sunday, it is imperative that government takes greater action to combat this scourge not only during this period, but all year round.

The DA is committed to creating an honest and professional police service, which keeps women and children safe. This is the kind of change that builds Ones South Africa for All.

DA gives SAPS more evidence on State Capture

Note to EditorsToday, DA Leader Mmusi Maimane,  DA Spokesperson on State Capture, Natasha Mazzone MP, and DA Shadow Minister of Police, Zakhele Mbhele MP, submitted a supplementary affidavit on State Capture at the Cape Town Central police station. Please find attached an English soundbite by Ms Mazzone and an isiZulu soundbite by Mr Mbhele

   

Earlier this month, National Treasury released three reports which detail explosive findings of State Capture at Transnet and Eskom which implicate the companies McKinsey and Trillian. The DA submitted these reports as supplementary evidence into the police’s investigations into State Capture and criminal cases already opened by the DA against several government officials.

The DA has pursued every possible channel available to ensure that those who were implicated in State Capture are held accountable including parliamentary oversight, opening criminal cases, reporting to the Public Protector and advocating for the Eskom Inquiry.

The DA also enquired about the state of investigations into State Capture. To date, we have laid the following 10 sets of charges against the following people or institutions:

  • On 17 November 2016: Brian Molefe, in terms of the following acts, with regards to the Public Protector State Capture Report and Molefe’s abuse of powers in dealing with Gupta-owned entities;
  • On 28 November 2016: Eskom and Trillian, CAS 70/11/2016. The DA’s affidavit concerns possible criminal and/or statutory offences committed;
  • On 27 March 2017: Mantshela Koko, former CEO of Eskom, and his alleged acts of criminality, CAS 2067/5/2017;
  • On 20 July 2017: Anoj Singh, former CFO of Eskom for his alleged part in state capture, CAS 1685/7/2017;
  • On 19 September 2017: McKinsey & Trillian for their alleged role in state capture CAS 1156/9/2017;
  • On29 September 2017: SAP for implications of corruption, CAS 1800/9/2017;
  • On 30 September 2017: Just Coal and its alleged involvement in corruption, CAS 1803/9/2017;
  • On 8 March 2018: Bank of Baroda for their alleged involvement in illicit funds linked to the Guptas, CAS 454/3/2018;
  • On 17 April 2018: Denel for a Bursary of R1 million paid to the son of the North West Premier, Supra Mahumapelo; and
  • We have also laid charges against Transnet and Mr. Siyabonga Gama, former CEO of Transnet.

The police have a responsibility to probe those who have been implicated in looting the state and it is vital that they update South Africans on the charges in the interests of transparency.

The DA will continue to fight to ensure that those implicated in State Capture are brought to book.

Pictures can be downloaded here and here.  

Bosasagate: Ramaphosa’s election slush-fund linked to former Trillian Capital director

The slush-fund used to raise money for Cyril Ramaphosa’s election campaign to become ANC President – which included the R500 000 “donation” from Bosasa – was administered by a law firm whose director appears to have links to the Guptas and their State Capture project.

A trust account named “efg2” – administered by law firm Edelstein, Farber and Grobler (EFG) – was the account into which the R500 000 Bosasa “donation” was funnelled through (and possibly many others), as admitted by the President in his letter to the Speaker of Parliament. This follows his about-turn to my question in Parliament about this R500 000 payment – which Ramaphosa initially stated was a payment to his son, Andile, for consultancy work done for Bosasa.

We can today confirm that Mr Jeffrey Afriat, a director at EFG – the law firm which administered this trust account – served as one of three directors of Trillian Capital, a primary vehicle used by the Guptas to capture the state and loot billions of rands of public money.

Afriat served as director during 2016 alongside Mr Eric Wood – at the apex of State Capture and theft of public money by the Guptas and the ANC. Afriat is also cited twice by name in Thuli Madonsela’s State of Capture report. Afriat resigned as Trillian director shortly before the Budlender Inquiry into Trillian was launched.

President Ramaphosa is now left with little choice but to heed my call and immediately appoint a full-scale independent inquiry – headed by a retired judge to be selected by the Chief Justice – to fully investigate the Bosasa scandal, which now involves the President and his family. I will today formally write to President Ramaphosa, calling for this inquiry to be established without delay.

We cannot have double standards when it comes to bribery and corruption – particularly not when it involves the highest office of the country. The President’s links to Bosasa – including all payments made to him, to the ANC and to his son, whether directly or through shell companies, third parties or trust accounts – must be investigated in detail.

Today’s reports that Bosasa’s deal with Airports Company South Africa (ACSA) was found to be irregular by the Auditor-General is yet another example of how this dodgy company operates. This is a company embroiled in allegations of fraud and corruption, having paid for security upgrades for ANC politicians; birthday bashes for Jacob Zuma; and scoring over R10 billion in government tenders and contracts.

The people of South Africa must know that this system of corruption has become part of the very fabric of the ANC – regardless of who leads the organisation. It is the entire ANC that is corrupt, not just Jacob Zuma, the Guptas and his associates. It operates as a system of corruption that locks out the poor and the unemployed – to the benefit of the politically connected few.

The reality is that the ANC cannot be reformed, it must be removed from government come 2019.

DA proposal for old age grant “top up” rejected by the ANC and EFF

The DA proposed five amendments to the Adjustments Appropriation Bill [B35-2018] to support senior citizens, improve road maintenance and improve rail transport.

We specifically proposed an increase in the appropriation of Department of Social Development [Vote No. 17] of R1.2 billion to provide the 3.5 million beneficiaries of the old age grant with a R355 end-of-year “top up”.

The proposed R355 end-of-year “top-up” to the old age grant could have been funded by a decrease in the appropriation for the Department of Public Enterprises [Vote No. 9] of R1.2 billion, which was earmarked for the bailout South African Express Airways.

However, members of the governing party rejected the proposal after nearly three hours of deliberations at a meeting of the Standing Committee on Appropriations last week in Parliament.

Which proves that when it came to a choice between helping pensioners, who are struggling to make ends meet or bailing out South African Express Airways, the ANC and EFF chose to bail out South African Express Airways.

Motsoaledi’s NHI backdoor dealings betray the public participation process and good governance

Minister of Health, Dr. Aaron Motsoaledi, should immediately make his revised National Health Insurance Draft Bill public and should reopen the public participation process. It was reported last week that Motsoaledi had made substantive changes to the bill and presented a new version to Cabinet without consulting with National Treasury or senior members of his own department. Instead, reports suggest that the changes are the brainchild of Motsoaledi and Presidential Advisor Dr. Olive Shisana.

The DA will today write to the Minister to request an explanation for his seemingly backhanded tactics regarding this new revised Bill. The DA will require an explanation for:

  • why neither Treasury nor Health Department officials were consulted on these changes;
  • why the acting Director General in the Department of Health, Yogan Pillay, signed off the Bill in DG Precious
  • Matsoso’s absence, side-lining her, seemingly deliberately while she was out of the country;
  • why has he not made public the changes to the bill which have wide-ranging consequences;
  • and why he is operating in secrecy against the principles of good governance.

It is clear that the Minister’s backdoor dealings do not take any input from the public seriously, as the proposed changes are substantive, and the public and other stakeholders have not had an opportunity to raise their concerns. The original draft bill was released on June 21st, with a three-month comment period that closed on September 21st.

Section 195(1)(g) of the Constitution requires that “transparency must be fostered by providing the public with timely, accessible and accurate information”. According to reports, the revised draft Bill did not take on board concerns raised during the initial participation period. Thus, the revised draft Bill should be made public and a new participation period should be announced.

The DA reiterates its appeal for the Portfolio Committee on Health and the Standing Committee on Finance to call a joint meeting to discuss NHI. The move to universal healthcare in South Africa is too significant for the Department of Health and National Treasury to not work together in designing a sustainable model.

Universal healthcare is achievable in South Africa, but the National Health Insurance and the Medical Schemes Amendment bills will not achieve it.

DA moves to remove NMB Mayor, Speaker and Chief Whip

Note to Editors: The following speech was delivered by the DA Eastern Cape Premier Candidate, Nqaba Bhanga, during a press conference at The Grand Hotel in Port Elizabeth.

The Nelson Mandela Bay Municipality, under the poor leadership of Executive Mayor, Cllr Mongameli Bobani, and his ANC-led coalition of corruption, is on the brink of total collapse.

The DA has therefore taken the decision, in the interests of the people, to table motions of no confidence in Mayor Bobani, the Speaker of Council, Cllr Buyelwa Mafaya, and the Chief Whip of Council, Cllr Bicks Ndoni.

The DA’s coalition partners, the ACDP and Cope, also tabled a motion of no confidence in Mayor Bobani. The DA, ACDP and Cope are united in collapsing the ANC-led coalition of corruption.

Mayor Bobani has recently been implicated in serious allegations of corruption regarding the Municipality’s Integrated Public Transport System (IPTS).

He is also the subject of a forensic investigation by the Hawks in terms of an alleged corrupt relationship with a local business man.

Cllr Bobani is also implicated in at least two instances of unlawful interference in the administration of the municipality. These include:

  1. A request that a moratorium be placed on all vacancies in the Economic Development, Tourism and Agriculture (EDTA) Directorate. This is currently being investigated by National Treasury.
  2. Allegedly contacting an official at Absa Bank in order to prevent the bank from issuing a bond of security requested by the City Manager.

All of these allegations prove that Cllr Bobani is unfit for his position and should be removed as soon as possible.

During the last couple of weeks we have seen the administration:

  • Failing to render municipal accounts;
  • Failing to timeously pay contractors and SMME’s;
  • Failing to attend to increased service delivery backlogs. This includes attending to sewage spillages, water leaks and the removal of refuse, especially in townships and the Northern Areas;
  • Continuously cancelling and postponing standing committee and mayoral committee meetings. This has resulted in Council not being able to pass much needed resolutions;
  • Failing to provide political guidance and action regarding illegal land invasions in NMB;
  • Failing to implement a tender that will see small co-ops in the Metro appointed to clean-up townships;
  • Halting all pending disciplinary actions against officials;
  • Failing to fill vacancies, even though no moratorium has been placed on the filling of positions.

The DA will, this week, also be laying criminal charges against Mayor Bobani, and his failing ANC-led coalition of corruption, after allegations of political interference in the awarding of contracts to SMMEs surfaced in the media.

I will also call on the Cooperative Governance and Traditional Affairs (COGTA) Minister, Dr Zweli Mkhize, and Eastern Cape MEC for COGTA, Fikile Xasa, to intervene in terms of Section 154 of the Constitution. Mr John Mettler must immediately be reappointed as City Manager to try and ensure some form of stability, as a third acting City Manager has now been appointed since Mettler’s removal.

Only a DA government can root out crime and corruption, open fair access to real long-term jobs, speed up service delivery and build One South Africa for All.

Honest and professional police need to keep women, children safe

As we embark on the annual 16 Days of Activism Against Gender-based Violence, the Democratic Alliance in the Northern Cape calls on the Provincial Police Commissioner, Rismati Shivuri, to ensure that SAPS redoubles its efforts to apprehend and bring perpetrators of violence to justice without re-victimizing the victims.

For far too long, criminals have been allowed to roam our streets due to poor SAPS investigative work, further traumatizing victims of crime.

During the recent leg of my Provincial Listening Tour, I met with two young women who were the victims of horrific rapes. In both cases, the women were let down by the very same police service meant to protect them.

In the first case, the extremely delayed response from the police in Kimberley meant that the rapist could escape on foot. To date, he has not been caught and we are left to wonder how many other women have fallen prey to him since.

In the second case, the police in Hartswater turned away a nineteen year old who reported being raped by the boyfriend of a family member. Police told her that there was nothing they could do.

Aside from these two examples, which could have been avoided if the police officers in question acted with professionalism and honesty, there are too many police stations in the province without the necessary infrastructure and equipment to deliver an adequate service to victims. As a response from the Northern Cape Department of Transport, Safety & Liaison revealed earlier this year, 21 police stations in the province do not have victim-friendly rooms as required by law. This constitutes 24% of the police stations in the Northern Cape, which means that 1 in every 4 communities still do not have the level of service and protection they deserve.

We are thankful for the daily service from the men and women in blue who do protect their communities, but it is clear that more needs to be done to establish a professional and honest police service in the Northern Cape.

Only change under a DA-led government can transform the police into an honest and professional service which protects communities from crime, brings perpetrators to justice and improves the safety of our people.

#16DaysOfActivism: We need sound leadership and legislation

As the country marks the start of the 16 Days of Activism Against Gender-Based Violence campaign today, the DA would like to take this opportunity to reaffirm its commitment to ending the abuse of our society’s most vulnerable and supporting those who have fallen victim to it.

While the campaign is important in raising awareness around gender-based violence (GBV), we believe the safety of women and children must take priority on every day of the year, not only during this period. Restoring normality in our broken society will take more than 16 days in a year as GBV occurs daily.

Sound leadership and strong legislation are required to decrease the soaring levels of GBV and the ANC national government has failed to deliver on both fronts. The ANC has also failed to protect our schoolgirls from sex for marks and money scandals in Eastern Cape schools, with informants providing stories of matric girls writing their final exams who have been made pregnant by teachers. It has been reported that such cases have been brought to the attention of the Eastern Cape Education MEC – and nothing has been done about it. This is made worse because our courts system is an unwelcoming place for victims of such circumstances. We are in desperate need of a sexual offences court that specializes in dealing with these cases – both strictly, promptly and with the necessary care provided to the victims approaching the court.

The DA is serious in our commitment to protect our women and children. It is for this reason why we proposed that the Domestic Violence Act (DVA) and the Protection from Harassment Act be repealed and replaced with a universal instrument that will protect victims from abuse in all its forms, be it in the home, the workplace, from a family member, spouse, employer, unknown party, in the form of physical, emotional or economic violence.

The DVA provides crucial protection to the most vulnerable sections of society, however it has been far less than what we needed as we continue to read daily of how many women and children are abused.

A new law that is far-reaching and easy for victims to execute would go a long way in ending gender-based violence. This law would set out a single procedure for laying a complaint and provide for specific processes that are to be followed by the SAPS, social workers and other role-players.

The most vulnerable South Africans have a right to be protected from GBV. However, the ANC’s lack of leadership has shown repeatedly that they do not intend to prioritize victims’ safety. The DA is the only party that will protect women and children. We continue to prove this by demanding better legislation and ensuring that leaders who have failed at their duties are held accountable.

DA requests meeting with Minister Cele for update on SAPS State Capture investigations

The Democratic Alliance has written to the Minister of Police, Bheki Cele, to request an urgent meeting to discuss the progress of investigations into charges the DA has laid related to State Capture. South Africans deserve an update and transparency from the police on these investigations and the developments therein.

The DA has been integral in countering the scourge of State Capture that has become endemic in the failing ANC government. This has been achieved through strong parliamentary oversight, the laying of criminal charges, strict reporting to the Public Protector and the driving of the creation of the Eskom Inquiry.

To date, the DA has laid these charges against the following relevant personnel and entities:

  • On the 17-Nov-16: Brian Molefe, in terms of the following acts, with regards to the Public Protector State Capture Report and Molefe’s abuse of powers in dealing with Gupta-owned entities
  • On the 28-Nov-16: Eskom and Trillian, CAS 70/11/2016. The DA’s affidavit concerns possible criminal and/or statutory offences committed
  • On the 27-Mar-17: Mantshela Koko, former CEO of Eskom, and his alleged acts of maleficence, CAS 2067/5/2017.
  • On the 20-Jul-17: Anoj Singh, former CFO of Eskom for his alleged part in state capture, CAS 1685/7/2017.
  • On the 19-Sep-17: McKinsey & Trillian for their alleged role in state capture CAS 1156/9/2017.
  • On the 29-Sep-17: SAP for implications of corruption, CAS 1800/9/2017.
  • On the 30-Sep-17: Just Coal and its alleged involvement in corruption, CAS 1803/9/2017.
  • On the 8-Mar-18: Bank of Baroda for their alleged involvement in illicit funds linked to the Guptas, CAS 454/3/2018.
  • On the 17-Apr-18: Denel for a Bursary of R1 million paid to the son of the North West Premier, Supra Mahumapelo.
  • We have also laid charges against Transnet and Mr. Gama, former CEO of Transnet.

The police have a responsibility to investigate the charges against those who have been implicated in the looting of our state.

On Tuesday, 27 November 2018, my colleague, DA Shadow Minister of Police Zakhele Mbhele, and myself, will be visiting the Cape Town Central Police Station, in order to provide SAPS with additional information for the affidavits the DA has submitted thus far.

We will be supplementing our existing cases with the evidence provided by the following chapters in the explosive Treasury Report:

  • Chapter I: Final Report: Forensic Investigation into Various Allegations at Transnet
  • Chapter II: Mckinsey, Trillian and Regiments
  • Chapter III: Report relating to Eskom investigations

The DA will continue to fight for every rand that was stolen, so that every missing cent be returned to South Africa and so that those implicated in state capture are brought to book. South Africans want to see corrupted politicians, officials and corporates face the consequences of their actions and be put behind bars.