THULI v ZUMA
THE FINAL SHOWDOWN
Protector’s parting shot at president: Who’s running things? You or the Guptas?
OUTGOING public protector Thuli Madonsela and President Jacob Zuma are headed for one final, mighty showdown.
Madonsela is going all out to complete her latest probe into the president before she packs up her desk in October. This time she is probing Zuma for allegedly allowing the Gupta family to influence his appointment of cabinet ministers and heads of state-owned entities.
A month before she is due to vacate her office, Madonsela this week confirmed she had written to Zuma informing him of her investigation into him breaching the executive code of conduct — for the third time.
To build her case against Zuma, Madonsela has set out to interview no fewer than 23 top officials and members of Zuma’s cabinet, among them seven ministers, a deputy minister and a former MP.
This week she interviewed Finance Minister Pravin Gordhan, asking him to provide any evidence he had of the Gupta family’s influence on his cabinet colleagues.
Other people Madonsela has interviewed include Gordhan’s deputy Mcebisi Jonas; former minister of public enterprises Barbara Hogan; former ANC MP Vytjie Mentor; former finance minister Nhlanhla Nene and former cabinet spokesman Themba Maseko.
She also intends interviewing former transport minister Ben Martins and Energy Minister Tina Joemat-Pettersson.
“Partly the reason we subpoenaed them is because they shouldn’t be seen as sell-outs but as law-abiding citizens who are complying with the lawful order from an authorised institution,” she said.
The Sunday Times understands that former South African Revenue Service acting head Ivan Pillay and other former top government officials have also been interviewed. In addition, Madonsela has also invited Mineral Resources Minister Mosebenzi Zwane, Co-operative Governance Minister David van Rooyen, Home Affairs Minister Malusi Gigaba and Trade and Industry Minister Rob Davies, as well as Public Enterprises Minister Lynne Brown to be interviewed.
This week the cabinet agreed to hand over minutes to Madonsela’s office. She wants to go through the minutes to establish how decisions are taken, especially in relation to the appointment of board members of state-owned companies.
She is determined to finish the investigation before her term ends on October 15. Insiders said a preliminary report could be ready a day before she leaves office.
This latest investigation comes as Zuma remains under fire from within his organisation following the party’s dismal performance in last month’s local government elections.
The outcome of the investigation could strengthen calls for his early departure as it could cause further damage to the already dented image of the ANC ahead of the 2019 general election.
So far, the leaders who have complied with Madonsela’s request are those known to be opposed to Zuma’s continued stay in the Union Buildings.
The majority of those who have given evidence to Madonsela — with the exception of Maseko — shunned the ANC investigation headed by party secretary-general Gwede Mantashe into state capture and the influence the Gupta family has on the party.
Madonsela told the Sunday Times that her investigation goes beyond the alleged undue influence of the Guptas; it also probes whether Zuma breached the executive ethics code by allegedly giving the family such powers.
She said Zuma was one of the first people she approached, in April, after her office received complaints in March this year.
“There were allegations that he violated the executive ethics code by allowing non-state actors to get involved in the dismissal and appointment of ministers and to exercise undue influence on government processes for the benefit of [a private] company,” Madonsela said.
She would not be drawn on the content of her letter to Zuma, but the Sunday Times understands that Madonsela asked him:
If he had received any gifts from the Gupta brothers;
To explain the relationship between his own family and the Gupta family;
If he had acted improperly in relation to Gupta-owned companies; and
Whether he had benefited from the income his son Duduzane receives through his shares in Gupta companies.
Duduzane is a business associate of the Guptas. His company Mabengela Investments holds shares in the Guptas’ Infinity Media.
Presidency spokesman Bongani Ngqulunga confirmed that Zuma had received the letter, which was “being processed”.
Maseko and Hogan confirmed they were interviewed by Madonsela. Davies, through a spokesman, said he would co-operate with Madonsela’s office. But Brown and Gigaba said they had yet to receive any invitation from Madonsela.
Mentor declined to discuss the investigation, but the Sunday Times understands that she submitted an affidavit to Madonsela repeating her claim that one of the Gupta brothers came to her hotel on August 23 2010 claiming to have been sent by Zuma. In her affidavit, Mentor also claims she had met one of the Gupta brothers on a flight from Johannesburg to Dubai the day before and he tried to befriend her.
This is the third time Madonsela
The investigation looks into all Gupta family business dealings with the state
is investigating Zuma for breaching the executive code of conduct.
She found him guilty of breaching the code in 2010 for having missed the deadline to declare his financial interests to parliament by eight months. In 2014 she found Zuma had failed to protect state resources when the government spent an estimated R246-million to improve security at his private Nkandla residence.
Madonsela’s latest probe follows complaints by the Catholic Dominican Order and the DA after the Sunday Times revealed in March this year that the Gupta family had offered Jonas the position of finance minister. Jonas publicly confirmed the allegations days later. The Gupta family denied them.
This prompted Mentor to reveal that she too was offered a cabinet post by the Gupta family.
The DA requested Madonsela to investigate whether Zuma breached the executive ethics code in relation to cabinet appointments.
Madonsela’s office is also looking into whether the Gupta family knew beforehand that former finance minister Nhlanhla Nene would be sacked by Zuma and replaced by Van Rooyen. This disastrous move — which sent the rand plunging before Van Rooyen was replaced after only four days — has become known as South Africa’s “9/12”.
The investigation also includes allegations of state capture by the Guptas and looks into all Gupta family business dealings with the state in an effort to establish if there has been any corruption or improper conduct.
Madonsela is looking into state contracts with the Guptas, mining licences and even advertisements in the New Age newspaper. She said she invited all people and institutions involved in the matter to come forward with evidence.
Cabinet spokesman and Minister in the Presidency Jeff Radebe confirmed this week that the cabinet had decided to meet Madonsela’s request for cabinet minutes. The probe is funded by a R1.5-million cash guarantee from the National Treasury.
Gupta family spokesman Gary Naidoo had not responded to questions at the time of going to press.