The administration of justice has once again come under the spotlight following the arrest of former Department of Agriculture, Forestry and Fisheries (DAFF) deputy director-general Siphokazi Ndudane for apparently “failing to report fraud”, while no action has been taken against President Cyril Ramaphosa or his Phala Phala farm employees over their failure to alert the police to the theft of millions of rands in US dollars.
Ndudane’s lawyers were also outraged by the bail amount of R100 000 for what they described as a non-custodial charge.
This follows her appearance in the Bellville Specialised Commercial Crimes Court this week on two counts of Contravening section 34 of the Prevention and Combating of Corrupt Activities Act (PRECCA), 2004 (Act 12 of 2004).
This is the same legislation Ramaphosa is said to have violated when he did not report the theft of money on his farm to the police.
In Ndudane’s case, the Cape Times has sight of a letter penned to former DAFF director-general Mike Mlengana, in January 2018, where he is informed of crimes that Ndudane reported and was subject to an investigation.
In the letter, Mlengana was directed to suspend all disciplinary proceedings against Ndudane, and two other senior officials.
In the letter, then-minister of DAFF, Senzeni Zokwana, instructed that “any further action against the officials will be considered as occupational detriment”.
Ndudane’s lawyer Barnabas Xulu on Tuesday labelled the charges as a “witchhunt” against a whistle-blower and also confirmed that the bail amount of R100 000, for the “non-custodial charge” against Ndudane could not be paid on Monday after her court appearance and efforts were made on Tuesday to pay the amount when she was moved to Pollsmoor Prison.
“All these efforts being made through the courts is an attempt to soil Ndudane for being a whistle-blower and to discredit her as a credible witness in the cases which she reported, which are currently before court.
It is also telling that the officials arrested through her whistle-blowing, are out on warning. Her status of being a whistle-blower, having been reported widely in the media, has been violated while the real criminals still roam outside freely. This is a complete miscarriage of justice,” said Xulu.
In a statement, Hawks provincial spokesperson Zinzi Hani said it is alleged that between 2016 to 2019, Ndudane, committed acts amounting to contraventions in terms of section 34 of PRECCA, in that she failed to report incidents of fraud that was brought to her attention in her capacity as deputy director general.
“Ndudane, in her official capacity as the former DDG: Fisheries, filed affidavits, in high court, in which she prayed that the court set aside the contract (approximately R32 million) awarded to a service provider on the basis that the contract/tender between company and department was concluded due to: material and fraudulent misrepresentation.
“In addition, Ndudane, received information that a company had made misrepresentations in their application for fishing rights. This was brought to her attention for her to immediately revoke their fishing rights and this would also disqualify the company from receiving any future fishing rights,” she said.
Some opposition parties have used her case to draw “glaring” differences in the administration of justice, in cases involving similar alleged crimes.
Last year, police commissioner Fannie Masemola confirmed that Ramaphosa did not report a case of theft at his Phala Phala farm to the police in 2020, but instead informed his head of protection services Major-General Wally Rhoode of the security breach.
Further enquiries to the Hawks regarding the Phala Phala robbery investigation were not answered by deadline on Tuesday.
ATM leader, Vuyo Zungula, said: “The South African government needs to start being deliberate in their pronouncements as far as witness protection is concerned because if we carry on with this path, we will not have any mechanisms of accountability.
“The issue raises questions about the consistency of justice and the treatment of whistle-blowers as it could deter others from reporting wrongdoing for fear of facing legal consequences themselves.
“The ATM is on record standing on the premise that Ramaphosa is in clear violation of section 96 of the Constitution and PRECCA (Prevention and Combating of Corrupt Activities Act), a serious violation, and a serious misconduct by a sitting president, yet we woke up to reports by (Acting Public Protector Kholeka) Gcaleka clearing him of all wrongdoing - the worst kind of injustice, yet ordinary citizens who commit the same crime are treated in accordance with the crimes have committed,” said Zungula
Policy analyst and researcher Nkosikhulule Nyembezi, said: “It would be naïve for the government to look the other way on the government’s lack of protection of whistle-blowers exposing corrupt individuals as well as a failure so far to arrest, prosecute, and convict those involved in corruption, considering the inevitable comparison it raises on the inconsistencies in the cases involving Phala Phala farm charges and other high profile cases involving politicians.
Cape Times