‘There was no plan for freedom’
Chief Justice links corruption to ‘previously oppressed not being prepared for democracy’
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.