The Star finally caught up with African Commission on Energy (Afcone) executive secretary, Enobot Agboraw, for an exclusive interview following The Star’s report last week on Zaheer Laher, the acting Director-General at the Department of International Relations and Co-operation (Dirco), who is accused of allegedly violating the governance of Afcone.
Agboraw has been the subject of Dirco’s wrath in previous weeks after the department irregularly terminated his diplomatic immunity and privileges and even stopped payment to Afcone and its South African staff.
A source inside Dirco has revealed to The Star that this conflict had been kept from Minister Ronald Lamola for several months.
In a recent letter to Lamola, seen by The Star, Afcone informed the minister that Zaheer Laher “may be planning, in cahoots with persons outside Dirco, to misuse the official machinery of Dirco to perpetuate a serious illegality”.
“The information indicates that Laher is under time pressure to complete this task within a very short time frame before the hierarchy of Dirco is aware of the foul play being planned by Laher and his collaborators,” the letter stated.
At a sit-down meeting in Pretoria, this is what the executive secretary had to say.
“Since the ANC came into power in 1994, starting with Madiba, South Africa has shown leadership in governance and democracy in Africa. It gained respect continentally and globally in key areas of human rights and socio-economic development.
“South Africa’s leadership has been pivotal in the success and progress of African institutions and governments.
“If South Africa falters in this role, or is perceived as faltering, all of us Africans will suffer.
“Our continent will lose momentum in achieving its objectives for peace, security and development for our people.
“That is why I am concerned about the actions of Dirco official, Mr Zaheer Laher, vis-à-vis Afcone.
“Mr Laher’s action in undermining the governance of Afcone has caught global attention and interest, not least because Afcone is at the forefront of promoting and co-ordinating African efforts to leverage nuclear energy to resolve energy poverty which is the main impediment to African industrial and socio-economic development.”
“The transition from the Organisation of African Unity (OAU) to the African Union (AU) shifted the priorities of the continent from building national unity, acceleration of decolonisation and defence of national integrity to good governance.
“This guided African leaders to refocus the objective of the continental body on new priorities as we entered the years 2000.
“The newly-born AU was premised on promoting good governance as an essential precondition for development.
“The government of South Africa has supported these continental efforts and aspirations through establishing and hosting the headquarters of several key African inter-governmental organisations, including Afcone.
“The matter Mr Laher has embroiled Dirco in is related to the African Union unlawfully interfering in the governance of Afcone, contrary to the main purpose (’raison d’etre’) for the transition from the OAU to the AU.
“It does not behove the mother African intergovernmental organisation to unlawfully impose itself on autonomous sister intergovernmental organisations on the continent.
“Our institutions cannot thrive, and our continent cannot develop if we do not respect the governance that underpins these institutions.”
Asked if the AU has the authority to instruct how South Africa must behave with regard to Afcone Agboraw said:
“On January 11, 2024, the AU Commission published a report, in which it stated that Afcone is an autonomous organisation that is independent of the AU.
“It has its own budget, rules and governance structures that are independent of the AU, and the AU can only engage with Afcone through the Conference of State Parties (CSP) that is the supreme governance organ of Afcone.
“On January 22, 2024, the CSP took resolutions, inter alia, reiterating that the AU may only engage with Afcone through the CSP. (The AU Commission should desist from unilaterally interfering in Afcone).
“In May 2024, the law Ffirm, Cliffe Dekker Hofmeyr (CDH Inc), published a report on the relationship between Afcone and the AU based on international law, the Vienna convention, and the Treaty of Pelindaba that established Afcone.
“The report clearly corroborated the autonomy and independence of Afcone, including that the executive secretary of Afcone has no employment relationship with the AU Commission or the Chairperson of the AU Commission.
“Both the AU Commission report and the CDH report were shared with Dirco, including requests by both Afcone and CDH Inc to meet with Dirco officials to resolve any misunderstandings. But unfortunately, Mr Zaheer Laher refused to acknowledge or respond to any of the requests.
“Mr Laher rather doubled down on using the machinery of Dirco to implement the unlawful interference of the AU commission in Afcone without the approval of the CSP, or the knowledge of the honourable minister of Dirco, presumable under the pretext that he has delegated powers. Delegated powers should not be a justification for over-stepping one’s authority or acting ultra vires.
“In the last year, Mr Laher has been very invested in trying to disrupt the convening of the Conference of State Parties (CSP) to the Treaty of Pelindaba, which is the only legal forum for considering Afcone issues.
“He has rather been attempting to unilaterally impose irregular solutions through breaching the Host Government Agreement that established the headquarters of Afcone in South Africa, and fomenting discord within Afcone.
“Mr Laher is the official representing South Africa in the Afcone Commission. He is also the liaison person at Dirco for interactions between Afcone and the government of South Africa.
“There appears to be a conflict of interest between Mr Laher’s two roles, resulting among others, in South Africa, the host country of Afcone not meeting its obligations under the Host Government Agreement.
“The year is almost over, and Mr Laher has withheld the payment of the rents for the Afcone offices, or South Africa’s financial contribution to Afcone.
“Mr Laher’s actions are not only hurting Afcone, but they are hurting the government of South Africa even more.
“As the only nation to have voluntarily given up its nuclear weapons, South Africa occupies a respected and authoritative position in global nuclear diplomacy.
“The former AU chairperson, Nkosazana Dlamini Zuma, worked very hard to establish the headquarters of Afcone in South Africa to strengthen South Africa’s elevated position in global nuclearity.
“Also, to showcase South Africa’s support for nuclear non-proliferation and disarmament, and through this to bring economic gain and political recognition to South Africa. All this progress is being undermined by Mr Laher’s actions.
“Last week, I wrote a letter to the Minister of Dirco, Ronald Lamola, requesting to have a meeting to discuss these issues, and hoping that the meeting would reignite a harmonious and consultative relationship between Afcone and our host government, South Africa.
“In his statement to the AU Executive Council Conference in Accra, Ghana, on July 18-19, 2024, the Minister of Foreign Affairs of Nigeria, Yusuf Maitama Tuggar, that currently holds the Presidency of the Conference of State Parties (CSP) to the Treaty of Pelindaba, stated that Afcone issues can only be addressed at the CSP, (not at or by the AU).
“This was also the decision of the informal meeting of the CSP that took place in Addis Ababa, Ethiopia, on May 2, 2024.
“I have written to all 44 African member states of Afcone, urging them to convene a Conference of State Parties as soon as possible to resolve these issues
“This is so that we can focus without distraction on the accomplishment of the goal of the Treaty of Pelindaba, which is to engender peace, security and prosperity in Africa through the agency of the peaceful applications of nuclear science and technology.”
Agboraw was working with the Russian government on the 2030 energy sustainability goals for South Africa and the rest of the continent at the time he received his marching orders from Laher.
Unisa Professor Boitumelo Senokoane said Laher’s actions were “concerning and, at a diplomatic level, dangerous”.
The Star