Legalbrief | your legal news hub Saturday 25 September 2021

Can Zuma walk the talk on corruption in his second term?

In his inauguration address, President Jacob put the emphasis on, among other things, fighting corruption.

But the jury is still out on this promise given the President's own continuing battle relating to the dropping of criminal charges he faced. Zuma's lawyer says the 'spy tapes' - which got him off the hook on fraud and corruption charges in 2009 - should remain secret. In addition, notes Legalbrief, opposition parties have raised concerns about the record of some of Zuma's ministerial appointments. A surprise move was the removal of Ministers in the security cluster who were in the frontline of protecting Zuma and who were prominent in deflecting blame from him in the wake of the Public Protector's explosive report on the R245m upgrade of the President's private Nkandla residence. Former Justice Minister is now Minister in the Presidency; has moved from State Security to the new Telecommunications and Postal Services Ministry; and former Police Minister Mthethwa is now Minister of Arts and Culture. , who shouldered the responsibility for the Nkandla debacle, was retained as Minister of Public Works.

Newly-appointed Justice and Correctional Services Minister Mike Masutha has seemingly distanced the security cluster Ministers from the court challenge to the Nkandla report, according to a Beeld report. The newspaper says this is dramatic turnabout from the position taken by his predecessor, Radebe, who pushed the litigation initiative as head of the security cluster. Masutha reportedly said the Public Protector's Nkandla report should preferably be discussed in Parliament. The new members of the security cluster will meet soon to discuss the way forward. But Masutha reportedly said Parliament was 'the ideal forum to handle the matter'. In terms of the Constitution, the Public Protector is accountable to Parliament,' he noted. He sees the security cluster's role as secondary, possibly involving making submissions to Parliament. Government spokesperson Phumla Williams said no court papers have yet been served on the Public Protector. 'It is only fair to give the new Ministers time,' she is quoted as saying. Full Beeld report

A controversial appointment is the naming of as the Deputy Minister of Agriculture, Forestry and Fisheries. In spite of his appointment, Cele will continue his legal fight against Zuma's decision to fire him as National Police Commissioner, notes a report in The Times. 'Cele's appointment is a completely separate matter,' said his lawyer, Andile Khoza. Cele's legal team claim the President was 'set up'. On Sunday, Cele was appointed as the Deputy Minister of Agriculture, Forestry and Fisheries. He was fired as the police chief two years ago after being embroiled in a R1.78bn building lease scandal with property tycoon Roux Shabangu. The lease was for a new national police headquarters in Pretoria and a provincial headquarters in Durban. Khoza said both legal parties were discussing the exchange of heads of argument. 'Once this is done a court date will be decided on.' Khoza said his team will argue that Public Protector Thuli Madonsela erred in finding that Cele and former Public Works Minister Gwen Mahlangu-Nkabinde acted 'improperly' and 'unlawfully'. Khoza said the judicial commission of inquiry's recommendation that Cele be dismissed was based on Madonsela's findings. Khoza said Zuma had been 'set up' and hung 'out to dry'. He said the commission of inquiry had not adequately explained its reasons for deciding that Cele deserved to be dismissed. Full report in The Times

Cwele's appointment is another that has not been universally welcomed. Marian Shinn, the DA's communications spokesperson, says Zuma is intent on bringing about rebirth of the -era Information Ministry. In a statement on the Politicsweb site, she says Zuma's deployment of Cwele, to communications 'is a chilling move'. Shinn notes 'this is the very same Minister who spearheaded the introduction of the controversial Secrecy Bill and went to great lengths to cover-up the Nkandla scandal'. She adds that the splitting of the Department of Communications into two Ministries shows that the ANC clearly sees government's role in the communications sector as one of message control rather than economic enablement. 'The re-emergence of a Department of Telecommunications and Postal services, not only takes SA back to the 1980s but with Siyabonga Cwele in charge, indicates government's intention to control the Internet, its various platforms and electronic surveillance.' She also says the Ministry's grouping of the SABC, the Government Communication and Information Services, Brand SA and the Media Development and Diversity Agency shows the ANC Government's desire to have increasing control of media outlets and propaganda. Statement

Controversy has followed into his new job as Minister of Police. A report in The Witness says Nhleko had a big fall¬out with his then boss, , the Minister of Labour, last year after she implicated Nhleko in irregular spending involving millions of rands. Oliphant insisted that the Special Investigations Unit ( SIU) should probe what had happened to R155m from the Workmen's Compensation Fund. Nhleko, then DG of Labour, managed the fund's finances and said he had contracted consultants to implement a turnaround plan. The report says Oliphant's office could this week not say if her office had referred the case to any other department or investigative body or explain why she never requested the SIU to probe the missing millions. Full report in The Witness (subscription needed)

Zuma's promise to fight corruption will be more believable if he comes clean about his own dealings, notes an editorial in The Citizen. While noting that fraud-accused John Block was not made Northern Cape Premier, the paper says he is not the only one with a dark cloud over his head. It says the biggest doubts still centre on Zuma, pointing out that shortly before his 2009 election victory, 783 counts of corruption, money-laundering and fraud against him were dropped under questionable circumstances. The editorial also mentions other allegations as well as the millions of rand spent on Nkandla. Full editorial in The Citizen