SIU probe in KwaZulu-Natal ‘dirty politics’

Special Investigations Unit head advocate Andy Mothibi. Picture: Supplied

Special Investigations Unit head advocate Andy Mothibi. Picture: Supplied

Published Jul 27, 2022

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Durban — Some ANC structures in KwaZulu-Natal, including members of the newly elected leadership, are questioning the timing of President Cyril Ramaphosa’s announcement that he has authorised the Special Investigating Unit (SIU) to investigate provincial departments and municipalities in KZN.

This follows an SIU statement released on Monday stating that Ramaphosa had signed five new proclamations authorising the body to investigate allegations of corruption and maladministration in the affairs of 11 government departments, the Newcastle Municipality in KZN, the SA Social Security Agency (Sassa) and the SA Council of Educators.

The proclamation has also been mandated to recover any financial losses suffered by the state as a result of negligence or corruption.

The ANC Youth League co-ordinator in the province, Mafika Damane Mndebele, said they were worried that the investigation was targeting, among others, the municipalities and departments led by the provincial leaders who were elected at the recent provincial conference.

“We accept and welcome all efforts to root out corruption but what we are not going to tolerate is an idea that some among ourselves might want to use state power to either intimidate or suppress those who are opposed to them.

“It is something we are going to raise internally and (it is) quite worrying.

“If it is done to suppress democracy it shall meet rejection from young people. It cannot be accepted, it is pathetic, to say the least,” Mndebele said.

“We are extremely worried about the timing of these investigations. After it was clear about what would happen with regard to the 9th provincial conference and the leadership refused to commit itself to any perspective towards the national conference, why then make such announcements about the investigations?”

Mndebele questioned why Ramaphosa had waited until the outcome of the province to pursue some of the municipalities run by those who were elected by the conference.

The provincial secretary of the ANC in KZN, Bheki Mtolo, said the provincial leadership would approach Ramaphosa to discuss the matter.

Political analyst Tshepo Kgadima said Ramaphosa was no longer a fit and proper person to occupy the office of president of the country because of the criminal activities in which he is alleged to be involved in.

“The Phala Phala farm crimes, some of which he has admitted to, have rendered him incapacitated from executing presidential powers and duties as prescribed in the Constitution.

“Ramaphosa cannot, and should not, be signing any such things as SIU proclamations due to the constitutional impediment which has arisen directly from his own actions at Phala Phala.

“Failure and/or refusal by the law enforcement agencies to criminally charge and prosecute Ramaphosa carries the grave risk of bringing a lamentable and disgraceful end to the rule of law in South Africa,” Kgadima told Daily News.

Kgadima added: “There can no longer exist any legitimate reason for prosecution of any persons in any court of law because of the apparent egregious violation of the constitutional provision of equality before the law.”

Furthermore, he mentioned that there were good legal grounds for the 11 government departments, KZN Municipality, and two state agencies to challenge the SIU proclamation in a court of law.

Independent political analyst and senior lecturer at the University of Limpopo, Dr Mejti Makgoba, also questioned the timing of the investigation.

Makgoba said the statement should have indicated when the SIU had made a request to conduct such investigations.

“In the absence of such information, many people may interpret this decision as politically motivated.

“They would ask why the president would authorise the investigation of the province in which his key ANC KZN allies have lost support.

“While the investigations are important and touch upon key issues that affect local and provincial governments, they may be interpreted politically, appearing as if Ramaphosa wants to mark his political territory.

“Nonetheless, I think from the perspective of governance, these investigations are necessary to hold politicians accountable.”

Makgoba added: “One would hope that Ramaphosa’s move is sincere and about building state capacity and strengthening existing legal frameworks of accountability rather than dirty politics that are motivated by factionalism.”

Political analyst and associate professor at Unisa, Tumi Senokoane, said Ramaphosa had been consistent in targeting those who posed a threat to his reign as president.

“If he doesn’t want you, he creates systems and tactics that seem innocent yet biased and political. He learnt very well from whiteness as it operates like that.

“His corruption is white and protected by the system. He is aiming to remove those elected by creating these systems,” said Senokoane.

Ramaphosa’s spokesperson had not commented by the time of publication.

The ANC in KZN elected new leaders who have publicly declared their support for former president Jacob Zuma, who had been isolated by the movement following a decision by Ramaphosa’s allies in the national executive committee and other structures not to support Zuma in court.

Ramaphosa’s allies, who formed part of a slate led by Sihle Zikalala, were soundly defeated by the slate referred to as the Talibans.

Daily News