By Lehlohonolo Lehana.
President Cyril Ramaphosa says he hasn’t decided whether or not he’ll fire Justice and Constitutional Development Minister, Thembi Simelane.
Simelane received a loan of over R500 000 from the VBS fixer while he was mayor in Polokwane. However, parliamentarians say they are still not satisfied with the information that she gave concerning the transaction.
Gundo solicited funds from municipalities including Polokwane for the collapsed VBS Mutual Bank.
Even though Simelane said she had paid the money back, Democratic Alliance (DA) parliamentarian Glynnis Breytenbach posed a written question to the president asking him how he will ensure members of his cabinet like Simelane act in an ethical manner that is aligned to building a capable state.
Breytenbach said the matter raises serious questions about the integrity of Simelane’s financial dealings and her “glaring conflict of interest” with “startling contradictions in the dodgy loan agreement”.
Ramaphosa referred to the Executive Members’ Ethics Act of 1998 which provides a legislative basis for the promotion of ethical conduct by all members of the executive.
The law makes provision for a code of ethics.
“The Executive Ethics Code, which was promulgated on 28 July 2000, says that members must – to the satisfaction of the President or premier – perform their duties and exercise their powers diligently and honestly. It requires that they act in all respects in a manner that is consistent with the integrity of their office.
He said the code tells members they may not use their position to enrich themselves or improperly benefit another person.
“To promote transparency and accountability, every member must disclose to the Secretary of Cabinet – on an annual basis – their financial interests and those of their spouses, permanent companions or dependent children.
“To provide an additional layer of assurance, the Act requires the Public Protector to investigate any alleged breach of the code of ethics on receipt of a complaint by the President or a Member of Parliament (MP).”
The President said this establishes a “robust mechanism” to ensure members uphold ethical standards.
He said he had made it clear to the executive they are expected to meet the standards established in the code.
The MP asked if the President would remove Simelane from office and make the findings of the African National Congress’ Integrity Commission review on her public.
This is especially as the Financial Sector Conduct Authority debarred and banned Simelane’s financial advisor for his part in the debacle on Wednesday.
In response, Ramaphosa said Simelane had submitted a report to him about “exactly what has happened”.
“That is a matter that I am giving consideration to,” Ramaphosa said regarding the minister’s removal.
Phala Phala Farmgate
uMkhonto weSizwe (MK) Party, parliamentary leader John Hlophe challenged Ramaphosa to tell the truth about the transactions in the Phala Phala scandal.
Hlophe asked a supplementary question during Ramaphosa’s oral reply session in the National Assembly.
The follow-up question to the first question was why the President withdrew and abandoned his application to the Constitutional Court to review the recommendations of the Section 89 Phala Phala Report by the Independent Panel of Experts.
The panel that was led by retired Chief Justice Ngcobo concluded that there was a case to answer, in as much as you violated your oath of office. And you were also implicated in the corruption at Phala Phala Farm.
“The question is this Sir, given that in South Africa we transact in rands and the reports indicate that dollars were found, are you now in a position to finally take this house into confidence and tell us the truth that these transactions had nothing to do with a legitimate business, because you cannot conduct a business whilst you are serving as a president of this country. And also was the person who cleared you at NPA, was that person vetted?”
In response, Ramaphosa has requested opposition MPs who have questioned him about the Phala Phala farm burglary to allow the Constitutional Court process to unfold.
“I did say in my reply, that this matter was dealt with by the National Assembly. And the National Assembly took a decision. And that decision is subject to litigation. And I would respectfully say we should allow that process to unfold.”
The Economic Freedom Fighters (EFF) took the decision of Parliament to vote against Section 89 Panel report to the Constitutional Court. It wants Parliament’s decision not to adopt the report to be declared irrational and unlawful.
Government of National Unity (GNU)
Hlophe has launched a scathing attack on the government of national unity (GNU), accusing it of failing to serve the people and prioritising elite.
He said the ANC’s obsession with “so-called constitutionalism” had alienated the masses from decision-making processes. Under the MK party, South Africans would get back the power which had been stolen by the Democratic Alliance (DA) and the white minority.
The “DA-led coalition’s” adherence to a neoliberal constitution had locked South Africa into an economic system that benefits white monopoly capital at the expense of the majority.
“This constitution was designed to protect the elite and ensure the continued exploitation of our resources,” he said.
He added that there was a need for decisions concerning South Africa’s future — particularly regarding economic transformation and land reform — to be made by the people, free from elite interference.
“Under the MK party, we would dismantle constitutional supremacy in favour of frameworks that prioritise the dignity and sovereignty of the people,” Hlophe said.
He argued that a return to parliamentary sovereignty was essential for enacting laws that genuinely reflected the public’s will and restored dignity through land reform and the empowerment of traditional leaders.
Hlophe said the Constitution obstructed efforts to reclaim land and mineral resources, claiming that the “DA-led coalition” had exploited constitutional protections and forced the ANC to neglect their fight for land expropriation.
“The MK party would act swiftly to repeal this Constitution, which currently safeguards elite interests, and restore parliamentary sovereignty, ensuring elected representatives serve the best interests of the people,” he said.
“The land issue remains unresolved. Without decisive action, the wounds of the past will never heal.”
Hlophe said should the party succeed in its quest to have the Constitution repealed, it would prioritise land expropriation without compensation as a crucial step to addressing historical injustices and building an equitable society.