Justice and Constitutional Development Minister Thembi Simelane on Wednesday undertook to avail herself to respond to Parliament and the Office of the Public Protector in connection with allegations implicating her in receiving funds from VBS Mutual Bank.
“Permit me to start by making my commitment to this House on my availability with regards to the response, if any is needed by the House or the committee or the public protector, on the issues that are doing rounds,” Simelane said.
She made the commitment while responding to a separate question after she had earlier asked Deputy Minister Andries Nel to take questions directed to her on state capture.
Speaking on her behalf, Nel said Simelane was on record that she intended to give her absolute and full co-operation with all law enforcement agencies.
“It is a matter of public record that President Ramaphosa requested the minister to provide him with a full and detailed report on allegations against her,” he said.
Nel was referring to the statement by the Presidency that Ramaphosa noted with concern media reports containing allegations linking Simelane to receiving money from the VBS Mutual Bank during her tenure as mayor of the Polokwane Municipality.
Nel said they noted the comment made by an MP when asked if it was not prudent for Simelane to vacate office until her name was cleared amid the cloud hanging over her head. “We addressed this matter as addressed by the member previously,” he said.
Nel said they were committed to combating corruption and ensuring that there was never again the tragic chapter of state capture in the country.
He said the matters involving SAA were still under investigation by the Independent Directorate against Corruption.
“The IDAC continues to engage with the US authorities to assist with this investigation,” he said.
He was responding to DA MP Glynnis Breytenbach, who asked the reasons why South Africa had not been successful in prosecuting three persons for state capture despite the recent conviction of Julian Aires.
Aires was the first person to be prosecuted by the US Department of Justice on charges related to state capture, and convicted after being found guilty of bribing SAA procurement officials and former director Yakhe Kwinana.
Nel said the IDAC had since its establishment brought a total of 37 matters before criminal courts.
“Among the cases are seven related to state capture addressing a total of 21 state capture recommendations.
“This underscores very clearly IDAC’s commitment to addressing corruption at all levels, particularly in cases involving state capture, which have significant ramifications for governance and accountability.”
He said IDAC remained at the forefront of the National Prosecuting Authority’s (NPA) efforts to tackle complex and high-level cases with a focus on 21 major investigation categories spanning both the public and the private sector.
“IDAC’s work encompasses a wide range of entities and individuals implicated in corrupt practices,” he said.
“Several of the investigations have already progressed to court proceedings while others remain ongoing.”
Nel also said that in responding to recommendations of the Zondo Commission, Ramaphosa requested the department to, among others, conduct a review of the Protected Disclosures Act to ensure whistle blowers receive protection afforded by the UN Convention Against Corruption.
“The department has also drafted and championed the NPA Act which was passed last year by this House to strengthen IDAC as a permanent structure and provide for the appointment of investigators in both IDAC and the NPA,” he said.
Nel also said he was unaware of any evidence going missing from the Zondo Commission.
“The minister and I have received an extensive briefing from both the NPA and the department. There is no indication that any of the material has been lost,” he said.
“There have been challenges with accessibility related to updating of certain software licences, but that is the question of access, not a question of availability of evidential material itself.”
It was recently reported that the ministry was frustrating the access of the NPA Investigating Directorate to the database, a move that apparently prompted the NPA to subpoena evidence.
Nel said the NPA and all other law enforcement agencies have access to the database, repository and archives of the Zondo Commission.
He said there was protocol and a framework to make requests for specific information.
However, he noted that the NPA had made a strong case for broader access to be able to search the database.
“The minister has taken the initiative to convene a meeting with the national director of public prosecutions as well the relevant officials in the department.
“The minister requested and had a direct meeting with NDDP and other members of NPA to get a better understanding of their requirement and request and to see how best that can be facilitated,” Nel added.
Cape Times