By Lehlohonolo Lehana.
The African National Congress (ANC) disciplinary committee has cleared Malusi Gigaba, Zizi Kodwa, David Mahlobo, and Cedric Frolick of misconduct related to their alleged involvement in State Capture.
The four were hauled before the National Disciplinary Committee (NDC) for failing to appear before the party’s Intergrity Commission (IC) over charges linked to state capture and misconduct.
As a result the NDC had issued letters summoning the members to explain why they had failed to appear before the IC.
The four were accused of violating ANC rule 25.17.1, which pertains to conduct that brings the party into disrepute, stemming from their implicated roles in the State Capture Commission’s findings on widespread corruption and mismanagement during the State Capture era.
They were implicated in the findings of the state capture commission, chaired by former chief justice Raymond Zondo.
Malusi Gigaba
Gigaba was implicated at the State Cpature Commission for conspiring with former president Jacob Zuma and the Gupta family. The most damning testimony heard by the commission against Gigaba came from his ex-wife, Norma, who testified that he would come home with bags of cash from the Guptas.
Gigaba said the allegations were “patently untrue.”
Zizi Kodwa
Kodwa allegedly received direct payments and luxury accommodation amounting to more than R1.6-million, facilitated by former EOH executive Jehan Mackay. This was believed to be gratification for his interventions in government procurement processes to advance the interests of EOH and its subsidiary, TSS Managed Services.
Kodwa stepped aside from his ANC role to allow investigations into his alleged involvement in the scandal. The National Prosecuting Authority (NPA) later withdrew charges against him.
Cedric Frolick
Frolick, the chair of the House committee in the National Assembly, was implicated in the commission’s State Capture report. He was accused of having dodgy dealings with Bosasa.
He is said to have played a critical role in “winning over Vincent Smith, the [former] Chairperson of the Portfolio Committee on Correctional Services and Justice” to the benefit of Bosasa. In 2020, Smith was criminally charged with corruption related to Bosasa.
Frolick was later cleared of wrongdoing, alongside three MPs, by the Joint Committee on Ethics and Members’ Interests after being implicated in the State Capture report.
David Mahlobo
Mahlobo now the deputy minister of water and sanitation, was accused of bribing judges during his tenure as state security minister under “Project Justice”. The operation allegedly had a R1.8-million monthly budget and was aimed at influencing the judiciary. Mahlobo has denied the allegations.
Obed Bapela was also set to face the committee on charges of misconduct.
Bapela was removed from the ANC’s subcommittee last year after making an unauthorised trip to Morocco, where he acted without leadership approval.
He advocated for stronger economic ties between South Africa and Morocco and supported the latter’s reintegration into the African Union.
In a statement the NDC said, in the absence of adverse findings by the Intergrity Commission (IC), being included in the charges, the charges levelled against the four members that they contravened rule 25.17.1 of the ANC constitution for engaging in unethical and immoral misconduct, as determined by the IC was unlikely to have succeeded.
The NDC therefore recommended that the National Executive Committee (NEC) takes appropriate steps to strengthen the administration of the Secretary General office to ensure that the disciplinary actions are properly processed.