Business Day

Lawyers insist on briefing about SSA

- Linda Ensor Parliament­ary Writer ensorl@businessli­ve.co.za

Minister in the presidency in charge of the State Security Agency (SSA) Mondli Gungubele or deputy Zizi Kodwa must abide by the request of parliament’s standing committee on public accounts to report on SSA vetting of employees of state-owned enterprise­s, or be summonsed to do so if they refuse.

Minister in the presidency in charge of the State Security Agency (SSA) Mondli Gungubele, or deputy Zizi Kodwa, must abide by the request of parliament’s standing committee on public accounts (Scopa) to report on SSA vetting of employees of state-owned enterprise­s (SOEs), or be summonsed to do so if they refuse.

This is the legal advice given to Scopa by parliament’s chief legal adviser, Zuraya Adhikarie.

Scopa decided on Wednesday on the basis of the legal opinion that it will write to Gungubele to ask him and the SSA to appear on November 30, failing which he and the SSA will be issued with a subpoena.

Scopa wanted Gungubele or Kodwa to report on the vetting of Eskom employees, particular­ly those involved in supply chain management after it emerged that few had been vetted. But Gungubele refused, saying that he was by law only obliged to report to parliament’s joint standing committee on intelligen­ce (JSCI), which holds closed meetings.

But Adhikarie countered this, saying that to argue that such update is part of “accountabi­lity to the JSCI” as the minister is doing, and therefore that only the JSCI may hold the SSA to account, is a narrow interpreta­tion of the Intelligen­ce Services Oversight Act 40 of 1994, that could lead to a situation that is inconsiste­nt with the constituti­on and the requiremen­t to maintain oversight of all organs of state.

“The Intelligen­ce Services Oversight Act provides that certain matters must go to the JSCI, but does not preclude other committees from looking at such reports, for example the audited financial statements of the SSA.

“Should the minister refuse to report to Scopa, Scopa may initiate the process to summon the minister to provide the said informatio­n. We advise accordingl­y.”

Adhikarie said Scopa was empowered by law to request the update on the vetting of employees of SOEs. This was not a matter in the exclusive domain of the JSCI. Scopa also had the legal right to consider the financial statements and related matters of the SSA to fulfil its oversight mandate.

She said if it was reasonable and justifiabl­e, the public and the media could be excluded from the Scopa meeting where the vetting informatio­n was provided. “Closure would only be necessary in as far as the SSA can demonstrat­e that the disclosure of informatio­n could reasonably be expected to prejudice the defence, security or internatio­nal relations of the republic.”

Scopa chair Mkhuleko Hlengwa has noted that there is precedent for state security ministers to appear before Scopa.

At a Scopa meeting in October, MPs were informed only five of 21 senior Eskom executives had been granted security clearance. The vetting status of the other executives was still “in progress”, including that of the group CEO and the acting GM for procuremen­t. It was at this meeting that Scopa suggested a meeting with the SSA to follow up on the status and progress of the vetting process.

Hlengwa wrote to Gungubele in October, requesting a report by the presidency on “the vetting of all officials that were vetted and not vetted, and their positions, particular­ly in Eskom. The exercise should include the executive”.

The request was based on a 2014 cabinet directive that all organs of state be screened, especially in supply-chain management department­s.

An internal report by the committee’s secretaria­t noted that it was “imperative that adequate processes concerning the screening and security vetting of employees be put in place. Most officials occupying positions involving huge responsibi­lities within the organs of the state have not been vetted. There are no regulation­s that attach sanctions to individual­s and heads of institutio­ns who fail to cooperate or avail themselves for the vetting process”.

A cabinet directive to have all senior management and officials in supply-chain management units in government department­s and entities vetted had not been fully implemente­d, the report said.

Scopa has previously raised concerns about the slow progress in screening public officials in government department­s and state-owned entities (SOEs). “There was a lack of enforcemen­t of the cabinet approval of the national vetting strategy. Some senior officials of the SOEs simply refused to be vetted and there were no consequenc­es taken against them,” the report noted.

 ?? /Freddy Mavunda/ ?? Taking a stand: Minister in the presidency Mondli Gungubele previously refused to report to Scopa on the vetting of Eskom employees and insisted he was obliged to report only to the JSCI.
/Freddy Mavunda/ Taking a stand: Minister in the presidency Mondli Gungubele previously refused to report to Scopa on the vetting of Eskom employees and insisted he was obliged to report only to the JSCI.

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