Parly ‘can do own’ Zwane inquiry
PARLIAMENT can conduct its own inquiry on state capture in order to exercise its oversight function on the government regardless of whether there is a parallel process under way or not.
This was the view of parliamentary legal adviser Fatima Ebrahim when she briefed the portfolio committee on mineral resources on the terms of reference for the inquiry into former minister of mineral resources Mosebenzi Zwane.
Committee chairman Sahlulele Luzipo brought up the issue of parallel processes and separation of powers between the spheres of government.
He said he had brought up the subject because the committee “might tread on what is the mandate of the judiciary”.
Deputy Chief Justice Raymond Zondo has yet to begin a judicial inquiry into state capture.
Ebrahim said there was nothing preventing Parliament from dealing with an issue that was being dealt with in a different forum. “Parliament has oversight responsibility and that oversight responsibility stands irrespective of what any other organ of state may be enquiring (about), whether the matter is before the judiciary or not,” she said.
She said the national legislature had to exercise its oversight function and hold the executive and the department accountable. “If we do find during the inquiry that there are criminal issues that can be dealt by the relevant organs of state, we can make a decision to refer them,” Ebrahim said.
The inquiry is a sequel to the report on state capture released by former public protector Thuli Madonsela in October 2016. The report said there was governance failure and maladministration in the department.
It made allegations against Zwane, who has been accused of having close links with the Guptas.
Zwane has been accused of going on an “official trip” with the Guptas to Switzerland to facilitate the sale of the Optimum mine from Glencore to a company, Tegeta Exploration and Resources, owned by the Guptas and former president Jacob Zumas’ son, Duduzane Zuma.
Zwane snubbed the committee when he was invited to answer further questions on the matter, leading to the establishment of the inquiry.
Central to the inquiry will be the role of Zwane and the department in the sale of Glencore assets. Ebrahim said witnesses would be subpoenaed to testify when the inquiry got under way.
IF WE FIND THERE ARE CRIMINAL ISSUES, WE CAN REFER THEM TO THE RELEVANT ORGANS OF STATE