Ramaphosa names NPA unit head
Cronje will lead state capture probes
SIYABONGA MKHWANAZI
PRESIDENT Cyril Ramaphosa has appointed one of the top prosecutors to lead a new investigating unit in the National Prosecuting Authority (NPA) months after the unit was announced.
Ramaphosa had said the new unit would investigate cases of state capture, corruption, fraud and other complex financial matters.
Yesterday, the president named Advocate Hermione Cronje to lead the new investigating unit.
The unit will be based in the office of the National Director of Public Prosecutions (NDPP), Shamila Batohi.
Batohi has appointed a team that is dealing with state capture matters and has asked Pretoria chief prosecutor Matric Luphondo to keep a watching brief at the Zondo Commission of Inquiry into State Capture.
In a statement yesterday, the Presidency said Cronje had extensive experience in the legal profession and has worked in various capacities in the NPA.
Ramaphosa’s spokesperson, Khusela Diko, said Cronje would lead the investigating unit for the next five years.
“The directorate will investigate any unlawful activities relating to serious, high-profile or complex corruption including but not limited ANC head of Presidency Zizi Kodwa appears to be off the hook after a woman who accused him of rape withdrew her complaint to the party.
It was reported yesterday that the woman wrote to ANC secretarygeneral Ace Magashule that she was withdrawing her complaint because she was used in factional battles.
Kodwa could not be reached for comment last night.
At the time the complaint was lodged against Kodwa, he was acting national spokesperson, and this led him to forgo the post. But he remained head of the ANC presidency.
Gender-based groups and parties called for Kodwa to be removed from all his positions, including on the list of people going to Parliament.
The complaint came at around to offences or criminal or unlawful activities arising from current commissions and inquiries,” she said.
The appointment of Cronje is the second senior appointment in the shake-up of the NPA since Batohi took over in February.
After taking over, Batohi appointed Willie Hofmeyr back to the Asset Forfeiture Unit (AFU) to lead it.
This was after Hofmeyr was removed by former NPA head Shaun Abrahams.
The Presidency said yesterday Cronje had worked in various areas in the NPA from 1998 to 2012.
She was a founding member of the AFU, an assistant to the first NDPP and regional head of the AFU in the Western Cape for 10 years.
Cronje was also involved in the establishment of the Anti-corruption Task Team.
The task team comprises the security agencies: the departments of justice, police, state security and public service and administration.
It has investigated several cases worth billions of rand in contracts in departments and state-owned entities in the past few years.
The Presidency said Cronje would deal with a number of cases related to violations of various laws.
Ramaphosa had announced in his State of the Nation address early in the year that a new unit would be set up in the office of the NDPP. the time another ANC official Pule Mabe was facing action for alleged sexual harassment.
But Mabe was later acquitted by the panel chaired by senior ANC officials, including Thoko Didiza and S’dumo Dlamini.
The woman who accused Mabe of sexual harassment has since criticised the process, saying it was unfair.
At the time the complaint was laid against Kodwa he said it was politically motivated.
The woman had alleged Kodwa had raped her at a top hotel in Joburg early last year.
Kodwa rose through the ranks of the ANC Youth League and has been a member of the national executive committee for some time.
He has been head of the presidency in the ANC for almost two years. |
Staff Reporter
RETIRED Transnet electrical engineer Francis Callard yesterday told the commission of inquiry into state capture how the state-owned rail, port and pipeline company bent its procurement rules to favour a Chinese locomotive manufacturer.
Gupta-linked China South Rail elbowed out Japanese railway freight vehicles and locomotives company Mitsui despite Callard recommending that the contract be awarded to Mitsui.
Callard, who worked for Transnet for 45 years and is now assisting Mncedisi Ndlovu and Sedumedi Attorneys with investigations at the troubled entity, told the commission chaired by Deputy Chief Justice Raymond Zondo about a memorandum he had prepared for approval by former Transnet freight rail chief executive Siyabonga Gama.
In a business case Callard had prepared for his bosses appointing Mitsui, Transnet’s suspended supply chain manager Lindiwe Mdletshe removed the benefit of the standardisation of the locomotives, which had two elements, namely operational and maintenance standardisation.
The whole section was deleted and replaced with a claim that China South Rail has been adjudicated to be the best bidder.
The 95 electric locomotives were for general freight use.
According to Callard, among the reasons cited for the removal of Mitsui was that it hadn’t fared well in the two most recent tenders issued by Transnet.
Another reason cited was that appointing Mitsui through confinement would pose unnecessary risks to Transnet, Callard testified.
In terms of Transnet’s supply chain management policies, confinement refers to appointing a supplier without going through a competitive bidding process.
“Effectively, none of this addresses the key point that was made out of standardisation and inter-operability and that has been replaced with extraneous material,” Callard said.
He said he had been taken aback by Mdletshe’s amendments and felt this was not right.
“It’s flawed in thinking, it’s flawed in execution.”
Mdletshe had requested Callard’s assistance with formatting the memorandum stating the business case that had been distributed widely to Transnet bosses.
“I noticed that the memorandum had been changed significantly to give effect to confine and award to CSR for 100 electric locomotives and the confinement I had to Mitsui was totally removed,” said Callard.
He said his business case not only removed Mitsui, but in addition to the 100 electric locomotives it increased the diesel component from 60 to 80.
Transnet chairperson Popo Molefe has previously told the commission that Mdletshe, who was suspended last year and is facing disciplinary action, had proposed a settlement with the entity.
Earlier this week, acting chief executive Mohammed Mahomedy told Justice Zondo that Transnet was biased towards China South Rail and that the company had scored the lion’s share of the R54.5 billion contract to supply 1 064 locomotives.
China South Rail, which has been accused of paying billions of rand in bribes to secure Transnet contracts, was awarded a share of 359 of the 1 064 locomotives and the company was paid 30%, or R5.4bn of its R18bn deal, in deposits or advanced payments.
Transnet is also in the process of talking to certain service providers where there are certain allegations against them to reach an agreement on some sort of settlement to recover some of these monies back into Transnet.
Callard will resume giving evidence on Monday.