Saturday Star

Ramaphosa names NPA unit head

Cronje will lead state capture probes

- Siyabonga.mkhwanazi@inl.co.za LOYISO SIDIMBA loyiso.sidimba@inl.co.za

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.

 ?? MAJA African News Agency(ana)
DIMPHO ?? FORMER Transnet electrical engineer Francis Callard appears before the commission of inquiry into allegation­s of state capture. | Transnet chose Chinese locomotive­s ‘despite advice’
MAJA African News Agency(ana) DIMPHO FORMER Transnet electrical engineer Francis Callard appears before the commission of inquiry into allegation­s of state capture. | Transnet chose Chinese locomotive­s ‘despite advice’

Newspapers in English

Newspapers from South Africa