Cape Times

‘There was no plan for freedom’

Chief Justice links corruption to ‘previously oppressed not being prepared for democracy’

- ZINTLE MAHLATI zintle.mahlati@inl.co.za HEALTH SIVIWE FEKETHA siviwe.feketha@inl.co.za NPA siyabonga.mkhwanazi@inl.co.za

THE ZONDO commission heard evidence of Transnet’s irregular handling of a contract to acquire locomotive­s which saw prices balloon from R38 billion to R54bn.

Expert witness Allister Chabi, an actuarial scientist, was tasked with breaking down the numbers for Transnet locomotive purchase deal.

He told the commission that when he, along with MNS Attorneys, analysed the numbers of purchasing 1 064 locomotive­s it was clear the initial cost of R38bn was justifiabl­e and that an increase in the estimated total cost of the deal could have been increased but not by R15bn that was added.

He said overall, an 11% increase could have been justifiabl­e, but not the 41% which Transnet’s board at the time approved.

In the first part of the Transnet leg of the state capture investigat­ion, MNS officials had laid out how former Transnet chief executive Brian Molefe irregularl­y approved the increase of the cost of the locomotive tender to acquire 1064 locomotive­s.

Attorneys (MNS) had been appointed by Transnet’s previous board and were tasked with evaluating the locomotive tender. The company concluded its findings last year.

Tshiamo Sedumedi from MNS said Transnet violated its own rules and regulation­s in changing the cost method used to price the costs of the locomotive­s.

This resulted in the price changing over the approved amount. The minister of public enterprise­s at the time had approved the first amount of R38bn.

When the costs changed, Molefe did not seek further approval from the minister and simply went to the board with a memorandum motivating for the approval of the price change. The board agreed and approved it.

Sedumedi said this went against regulation­s.

MNS’ investigat­ion also revealed China South Rail (CSR), which was awarded the tender to supply the locomotive­s, had received preferenti­al treatment which gave it an advantage over other bidders.

Sedumedi demonstrat­ed the finding by explaining a series of emails between Molefe and a representa­tive from CSR.

The email appeared to be thanking Molefe for a previous meeting, but it also asked to him organise that CSR is able to access Transnet facilities, that they create a working relationsh­ip and for Molefe to organise a local partnershi­p for CSR.

Sedumedi said this provided strength to the argument that Transnet favoured CSR. He said it also showed that Molefe played along with CSR and did not push back on these requests.

“There were two persons that were responsibl­e for the tender processes and questions had to be directed to. CSR seems to have had a direct line to group chief executive (GCE) (Molefe).

“He, (Molefe) in his response doesn’t say sorry we are in procuremen­t and please refer your queries to the people responsibl­e for the RFP. Molefe responded that he will send the requests to Siyabonga Gama.

“This confirms the view that CSR seemed to have benefited from this relationsh­ip. It creates the impression that CSR was favoured over other bidders. In the bidding space, fairness is key, you cannot , as an organisati­on, be seen to be favouring a particular entity,” said Sedumedi.

CHIEF Justice Mogoeng Mogoeng has attributed rampant corruption among those who were previously oppressed to them having not been prepared for the democratic breakthrou­gh.

He said this yesterday while delivering the keynote address at the Healing of the Nation gathering, organised by the religious community in Soweto.

“There was no preparatio­n. There was never a deliberate and systematic plan to take us from apartheid and colonialis­m to freedom. Somehow we seem to have thought, ‘because the Constituti­on is good, this thing will work itself out,’” Justice Mogoeng said.

He also warned that racial division in the country and violence against women and children would continue if people were not healed from the wounds of the past, including through divine interventi­on.

Most perpetrato­rs of violence, including rape, were mentally damaged victims of apartheid and colonialis­m,

SIYABONGA MKHWANAZI

THE National Director of Public Prosecutio­ns, Shamila Batohi, can now begin picking her next senior prosecutor­s to fill the voids left by Nomgcobo Jiba and Lawrence Mrwebi.

Batohi promised a few months ago that she would fill the two positions after Parliament confirmed the removal of the two senior prosecutor­s.

Jiba was the deputy director of public prosecutio­ns and Mrwebi was special director of public prosecutio­ns.

Yesterday the justice committee adopted the report on the two former officials, saying they should be fired.

The report said the Mokgoro inquiry had found that Jiba and Mrwebi were not fit to hold their positions.

The report insisted that President Cyril Ramaphosa was correct to remove the two. who had been systematic­ally stripped of their humanity.

“The rapes that we perpetrate, 99.9% of them... who commits them? I know there are some who take advantage of women but the overwhelmi­ng majority are those whose dignity was systematic­ally eliminated. (It is) those who were dehumanise­d,” he said.

“On advocate Mrwebi’s request to address Parliament in person, the committee was disincline­d to grant him an opportunit­y as it had decided from the outset to conduct its deliberati­ons on the papers and was clear that certain deadlines would be followed.

“Mrwebi had not raised this point

Continued hostility between South Africans along the lines of race, ethnicity and tribe was a direct consequenc­e of the country’s failed healing project.

He said the religious community, which he said had to lead the healing process, would never be taken seriously by society if its leaders continued to use the church for their own advantage, in his original submission. Nonetheles­s, the committee did apply its mind to the content of Mrwebi’s letter and believes that it has sufficient informatio­n before it,” reads the report.

“On the merits of the issue the committee does not believe this to be material to its decision whether or not to restore.

“On appeal in Freedom Under Law vs National Director of Public Prosecutio­ns and others, the Supreme Court of Appeal draws a clear distinctio­n between the test of fitness required to be an advocate and that pertaining to an official in the NPA.

“While the one may impact on the other, the two are distinguis­hable. Removal from roll as an advocate will certainly impact on the fitness to hold office as employee of the NPA.

“However, an advocate in good standing may not necessaril­y be fit and proper to hold office. The court at the expense of the poor.

“Why do you think people don’t want to hear anything about Christiani­ty? It is because of what we do or allow people to do in the name of Jesus?” Justice Mogoeng said.

He took particular aim at acquisitiv­e church leaders who swindled followers out of huge amounts of money.

“I can even come with a bottle and put my picture there, in a bottle of water that I don’t even manufactur­e. Just put my face there and tell the people that, ‘as you behold my face and drink this water and revelation you will experience breakthrou­gh in the name of Jesus’; it’s a lie.”

Greed in faith-based institutio­ns had taken away the moral authority of religious leaders to call out government and business leaders over.

“You cannot (confront) those who steal state resources and those who are corrupting the private sector because they know you... when they know that you are not a man or woman of integrity, they treat you any how.

“There is power in integrity.” overturned the High Court judgment to find Jiba and Mrwebi to be fit and proper to remain advocates,” states the report.

The report also found that Jiba and Mrwebi had enough time to challenge Ramaphosa’s decision to remove them. But they waited until Parliament began its work until Jiba went to court to interdict the process.

The report also found that before Jiba and Mrwebi were suspended in last year August, Ramaphosa asked them to make representa­tions.

Ramaphosa fired the two after the inquiry.

“Furthermor­e, the committee is of the view that the documents and representa­tions before it do not raise any reason for it to find that the process followed was unfair,” states the report.

The committee has recommende­d to the full house to endorse the report and fire Jiba and Mrwebi.

 ??  ?? CHIEF Justice Mogoeng Mogoeng
CHIEF Justice Mogoeng Mogoeng
 ??  ?? Shamila Batohi
Shamila Batohi

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