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TUESDAY, 27 OCTOBER 2020
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PROCEEDINGS OF THE NATIONAL ASSEMBLY
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The House met at 14:00.
The House Chairperson, Ms M G Boroto, took the Chair and requested members to observe a moment of silence for prayer or meditation.
CONSIDERATION OF REPORT OF AD HOC COMMITTEE ON APPOINTMENT OF
AUDITOR-GENERAL OF SOUTH AFRICA
The HOUSE CHAIRPERSON (Ms M G Boroto): Hon members, in the interest of safety for all in the Chamber, please keep your mask on and sit at your designated areas. Already I can see some who are not sitting at their designated areas. Please try to ...
Sepedi:
Mokone! O batametše kudu. Agaa, Mokone nke o šute gannyane.
English:
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The second issue is that we request every member to sign the attendance slips. Can somebody assist Mokone where to sit? Thank you.
Ms N G TOLASHE: Hon House Chair, it is an honour for me to stand before this House to table the report of the Ad hoc Committee on the Appointment of the Auditor-General of SA. As you will recall, some few months ago this House resolved to establish an Ad hoc
Committee on the Appointment of the Auditor-General of SA. The committee was then mandated to nominate a person in terms of section 193 of the Constitution for the appointment of the
Auditor-General. It was further mandated to report to the House on the nomination of such a person. It was not easy to execute such a unique and momentous task amidst the risk of a pandemic that is still ravaging our country. Despite those challenges, we have managed to execute our mandate in a manner which was fair, free and transparent. We further executed our mandate without fear, favour or prejudice in all regards.
Hon House Chair, it is worth noting that we had embarked on this process of searching for a suitable candidate to lead the Office of the Auditor-General in the midst of a wide range of allegations of corruption facing our country. Those allegations of corruption have, to some extent, the potential to erode our people’s
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Therefore, we have to ensure that this committee recommends a person who will be beyond reproach to ensure that the Auditor-
General of SA is a supreme audit institution which exists to strengthen our country’s democracy by enabling accountability and oversight in the public sector through auditing, thereby building public confidence.
After a rigorous process of searching for the calibre of the person who will be suitable to lead this critical constitutional institution, we have unanimously agreed to recommend the name of
Ms Tsakani Maluleke. [Interjections.] [Applause.] I must say that this was not an easy decision to arrive at, taking into consideration the quality of the candidates we interviewed. I can safely say that the majority of the candidates we interviewed were not too far to be considered to fill this position. However, Ms
Maluleke emerged as an outstanding candidate based on how she provided excellent responses to questions during the interview which not only demonstrated her abilities, but also her experience which is suitable to the office. Furthermore, her experience as the current Deputy Auditor-General serves as an added advantage when considering continuity in the institution.
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Hon Chairperson, it is therefore, a pleasure for me to be part of the history in making by standing before this House and recommending the name of a woman to be considered as the Auditor-
General of SA. [Applause.] This is the first time this happens in our history since the dawn of democracy. This becomes more impressive considering the fact that history is happening in a male-dominated sector. I have no doubt that the appointment of Ms
Maluleke as the first woman to occupy the position of AG will contribute to the empowerment of women, which is in tandem with the resolution taken by the ANC at its 54th conference. This requires that - in all we do - we have to ensure that we increase the level of women empowerment in all sectors. Actually, gender mainstreaming and the empowerment of women have always been at the centre of the government of a democratic South Africa.
Let me thank all the members of the committee who showed confidence in me by electing me as the chairperson. I have learned a lot from working with you, hon members. You were so dedicated and committed to ensuring that this committee achieves its mandate by being non-partisan. I thank you for that Mathandazo. In conclusion, I therefore recommend on behalf of the committee, the name of Ms Tsakani Maluleke to be nominated as the Auditor-General of SA. I thank you. [Applause.]
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AN HON MEMBER: Malibongwe!
The HOUSE CHAIRPERSON (Ms M G Boroto): Hon members on virtual platform, let me remind you that, by not being in the House you are losing the privilege of pressing your mics whether for praising or heckling. Once you press that mic, it means you have been allowed to speak. So, please don’t do it! Leave it to those in the House to do it because they are not pressing any mic. Thank you very much, hon members. I will now recognise the parties wishing to make a declaration. Hon De Villiers, who is making his maiden speech, will do it on behalf of the DA. [Applause.]
Declarations of vote:
Mr J N DE VILLIERS: Chair, it is an honour for me to stand here today not only to do my maiden speech but on such an important occasion. Last week in this House, the DA’s leader, John
Steenhuisen, made a call to the President asking that we work together to push through the reforms that will fix South Africa.
The DA has repeatedly made calls to the President to put the country before the party.
In this committee, I saw first-hand what happens when a group of politicians from different parties sit together and decide to act not in the best interest of their parties but in the best interest
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Page: 6 of our country. [Applause.] The Ad hoc Committee on the
Appointment of the new Auditor-General reached a unanimous agreement that Ms Tsakani Maluleke was the best candidate put forward for the position. I am happy to report that the interview process was fair, transparent and above any suspicion.
As an experienced Chartered Accountant, Ms Maluleke has the necessary public finance management and audit experience. She has the technical know-how and leadership abilities to steer the vitally-important Office of the Auditor-General at a time when dependable audits of government entities are more important than ever. Ms Maluleke was not chosen because she has certain political affiliations but she was chosen because she is the best person for the job. [Applause.]
All the final shortlisted candidates were impressive and professional in the final interviews, and I would like to thank them for putting themselves forward as candidates. I cannot, and will not lecture Ms Maluleke on the responsibilities of her new office because she has been serving there as the Deputy Auditor-
General since 2014, and few people would understand the role and responsibilities of the AG as well as she does. The DA is confident she will put South Africa first and steer the Office of the Auditor-General fairly, transparently and efficiently.
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However, I would like to talk about the new opportunity presented to the Office of the Auditor-General at a time where decades of government corruption and not a virus or pandemic, have brought our country to the verge of a fiscal cliff. There has never been a better time for the Office of the Auditor-General to use its newly-acquired powers. As Ms Maluleke will well-know, last year in
April 2019, the AG received the powers to mandate government officials implicated in corruption to be held personally liable.
That’s right, the AG now has the authority to make government officials implicated in stealing taxpayers’ money pay back that money out of their own pockets.
Afrikaans:
Uit hulle eie sakke uit.
English:
To date, we have not seen the AG use these powers to great effect but could there be a better time for the AG to start using those powers than now? Ms Maluleke now has the power to help fix South
Africa as she will have the authority to order officials to give back what was unlawfully taken from taxpayers. It is my sincere hope that Ms Maluleke will be brave enough to flex these new muscles and persistent enough to put South Africa first in all that she does. The DA supports the recommendation of the committee
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Auditor-General of SA. I thank you. [Applause.]
Ms N V MENTE: House Chairperson, the EFF want to send well-wishes to the outgoing Auditor-General, Mr Kimi Makwetu...
The HOUSE CHAIRPERSON (Ms M G Boroto): Hon Mente, I’m sorry. There is a sound like a radio where you are. Can you please switch that off?
Mr D W MACPHERSON: Chairperson, please can you tell us if it’s parliamentary for EFF members to give declarations from a lifestyle café? Because that’s where it sounds like the hon Mente is.
Sepedi:
MODULASETULO WA NTLO (Moh M G Boroto): Aowa. Etšwa moo. Ga o di tsebe tšeo. [No. Leave that. You don’t know that.]
English:
Ms N K F HLONYANA: You will keep quiet wena [you]; keep quiet.
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The HOUSE CHAIRPERSON (Ms M G Boroto): Hon Hlonyana, we don’t do that! I just told you what happens. So, this is your first warning.
Hon Sonti, it’s a warning! You do it again and press those mics, you’ll be out.
Hon Mente, are you ready? [Interjections.]
Okay.
IsiZulu:
Uzobuya, mama. Ngizokunikeza ithuba. [You will be back, ma’am. I will give you a chance.]
English:
This time I’m not taking you back, baba [sir].
IsiZulu:
Qhubeka. [Continue.]
IsiZulu:
Mnu M HLENGWA: Angisaphindi impela manje.
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English:
Hon House Chairperson, I deliver this declaration on behalf of the hon Singh who was the IFP representative on this Ad hoc Committee on the Appointment of the Auditor-General.
The Office of Auditor-General, AG, of South Africa is established as per the Constitution in terms of Chapter 9 and tasked with strengthening constitutional democracy in the republic.
The Constitution further states that the AG must be independent and subject only to the Constitution and the law, and must be impartial, and must exercise their powers and perform their functions without fear, favour or prejudice.
Values such as transparency, credibility and accountability are central to this role. Never more so in the battle against state capture as well as in identifying the many opportunities created by the Covid-19 pandemic for the abuse of the public purse.
The IFP further wishes to acknowledge the excellent work that has been done by the Ad hoc committee in the selection process of the new AG. All the candidates that applied for the position, in particular those shortlisted for role are deserving of a word of thanks for their contribution. [Applause.]
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It must, however, be noted that the final candidate selected for the role of the Auditor-General, Ms Tsakani Maluleke, was not only the IFP’s first choice but was unanimously selected by the entire committee.
Ms Maluleke, the current Deputy Auditor-General, not only possess the necessary qualifications and experience in the strategic and technical competency areas but also has demonstrated unparalleled leadership abilities.
As per the Constitution requirements in section 193, Ms Maluleke is the fit and proper person to hold the office; and based on her abilities, is without a doubt the best person for the job. It is an added bonus that she will be the first woman to take on the role of Auditor-General and thereby contribute to efforts to promote gender equality in key leadership roles.
We wish Ms Maluleke well and everything of the best as she embarks on this crucial role in a very challenging time in our democracy.
We’ll be monitoring her performance and look forward to seeing her introduce innovative new measures to the work of The Office of the
Auditor-General, so as to further increase the impact and reach.
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On that note, the IFP would like to commend the outgoing Auditor-
General, Mr Thembekile Kimi Makwetu, for the outstanding work he has delivered during the course of his seven-year tenure.
[Applause.] He has been a role model, public servant, delivering work of the highest standard and executing his duties with excellence. [Applause.]
We would to further make special mention of the real-time audit of
Covid-19 relief initiatives.
The IFP wishes to thank Mr Makwetu for his dedication and service to South Africa and we wish him well as he embarks on the next chapter.
The IFP supports this report without any reservation. I thank you.
[Applause.]
Ms N K F HLONYANA: House Chairperson, the EFF want to send well- wishes to the outgoing Auditor-General, Mr Kimi Makwetu, and thank him for his dedication to the country and leading Auditor-General doing such a difficult work at times.
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We further want to welcome the nomination of Tsakani Maluleke, who served under the outgoing AG as the Deputy AG, and the next
Auditor-General.
We are confident that she will lead the AG with distinction as we move towards a period which, as the EFF, we are going to continue confront corruption in all levels of government.
We are also inspired that for the first time AG will be led by a woman. An opportunity, once again, that demonstrates that we as women are equally competent to led complex institutions. We know we don’t have to prove this to anyone but we do excellent work nonetheless. We wish her well.
The difficult work ahead of us ... we wish Ms Maluleke well, we want to see AG tackling difficult questions, cases and audits now, not when there is a month left before she goes. AG is such an important constitutional institution that is designed to support our democracy; she is now part of that hard work to support our democracy.
We are glad that the committee as a whole shared our sentiment as the EFF that one of the candidates, Michael Sass, whom there is still a lot of questions and Special Investigative Unit, SIU,
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IFMS, implemented by Treasury that had serious allegations of corruption. He shouldn’t have been nominated to begin with; but we are happy that sanity prevailed and he didn’t continue as the candidate. Thank you very much, House Chairperson. [Applause.]
Afrikaans:
Mnr W W WESSELS: Voorsitter, die VF Plus wil eerstens die aanbeveling van die ad hoc-komitee om Me Maluleke as die nuwe
Ouditeur-Generaal van Suid-Afrika aan te stel ondersteun. Ons is van mening dat Me Maluleke die mees geskikte kandidaat vir hierdie belangrike posisie is. Sy het reeds gedurende haar diens as
Adjunkouditeur-Generaal bewys dat sy oor die nodige vermoeëns beskik, dat sy onafhanklik optree en dat sy in die beste belang van die ouditproses van die kantoor van die Ouditeur-Generaal optree.
English:
We want to thank the Chairperson of the ad hoc committee as well as the fellow members of the committee for their handling of the process and the good spirit in which deliberations took place. The process was transparent, unbiased and in the best interest of pointing the most suitable candidate for this very important position.
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The Office of the AG is extremely important and as a Chapter 9
Institution it plays a pivotal role in ensuring our democracy, especially in a time of the pandemic of corruption, irregularities and mismanagement on all levels of government.
It is extremely important that the correct and [Inaudible.] suitable person is appointed as the AG. We do, however, believe that all the candidates who were shortlisted and who appeared before the committee during the interview process were strong candidates. We also want to thank those candidates who availed themselves for this process as they also contributed towards making this process successful.
In terms of the amended Public Audit Act, the Office of the AG now has more responsibilities and it is extremely important that the new incumbent of this office will ensure and utilise these new powers for the [Inaudible.] thereby ensuring that taxpayers money is spent to the benefit of South Africa and that government resources are managed correctly.
It was an honour for me and a privilege to serve on this committee.
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The FF-Plus supports the recommendation, and if appointed, we wish
Ms Maluleke all the best for her term as AG.
We also commend Mr Makwetu for his dedication and good work throughout his term and wish him well on his further endeavours. I thank you. [Applause.]
Mr S N SWART: House Chair, the ACDP rises in support of the new
Auditor-General, Ms Maluleke. While her nomination continues with the tried and tested process of the Deputy’s step in to the office, what makes this appointment significant as pointed out by the speakers, is that for the first time a woman will hold the position. It is also noteworthy that the panel recommending her appointment was unanimous, a rare occasion of unity across the political lines. [Applause.] Well done to the Chair of the committee and thank you for your hard work on serving on this committee.
As a Chartered Accountant, Ms Maluleke has a solid track record worth of 20 years’ experience in private and public sectors. She joined the office of the Auditor-General in 2012, before rising through the ranks, and also chaired the office of the Auditor’s
Executive committee. The Auditor-General has been like a proverbial culinary in the cold mine, warning about the widespread
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Management Acts insufficient action, was however taken by law enforcement agencies to enforce the Auditor-General’s findings.
Ms Maluleke, however, will take up the position at a time when the
Auditor-General’s office has at its disposal greater powers in terms of the Audit Act, to hold officials personally liable for lost state funds. We from the ACDP look forward to more action being taken in this regard. But given the unprecedented public outrage at COVID-19 tender and other corruption, we expect that the counting of all levels of government will be personally held liable for breaches of Public Finance and Municipal Finance
Management Acts. That is what we demand and that is what the public demands.
The office has however already played a key role in exposing corruption by real time order. This is as opposed to report historically known with the COVID-19 tenders, and for that it is a small beamer of hope. This spoke well for the future, particularly, in the dire situation of our public finances and the need to account for every cent spent. No better recommendation could come other from the outgoing Auditor-General, Mr Kimi
Makwetu who said, “I have no doubt that the candidate as
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Also, we would thank the Auditor-General, Mr Kimi Makwetu for his dedication and his service to the nation during his tenure as
Auditor-General. [Applause.] We wish him everything of the best and we wish the new Auditor-General also everything of the best as she takes up this position at a critical time in our nation. I thank you.
Mr N L S KWANKWA: House Chair, I am being harassed on the right hand side, please protect me. You know, after I was unceremoniously and unfairly booted from the House last week, I decided to bring the Army-General here for reinforcement, because
I realised that most of you are civilians, so you can’t deal with us when we start fighting with you. Amandla!
The UDM rises also to support the nomination of Ms Tsakane
Maluleke for the position of Auditor-General of the Republic of south Africa. We want to stress it and say, she is going to take leadership of that office at a very difficult time in South Africa where corruption and maladministration have actually taken route in the public sector. But we have to support her in all her
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Remember, her office plays an important role. It’s not about all other issues, but proper use of public monies and Chapter 9 institutions provides an important role, especially us here in
Parliament, in our inability to hold ...
IsiXhosa:
... la masela.
English:
... of executive into account for some of the things that they do, but to account for expenditures of government and government departments. I think that is very important. Also, I think that we should stress this and say that, we have for the first time especially in the democratic South Africa, a woman who occupies the office of the Auditor-General in South Africa is a milestone and something that we must celebrate. [Applause.]
IsiXhosa:
... sithi malibongwe, malibonmgwe!
English:
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The good thing is that, usually when people like myself who have complexion at a times that women are put into positions of power, it is assumed that it is transformation and tokenism, but in her case, it is bear on merit, and not due to all other factors that we don’t want to talk about. What I think is also of importance for us as a party is that, she joins that office at a time when we as this House has given that office more powers to be able to deal with corruption decisively in maladministration government.
But she is going to need all of us here as political leaders and all of us as different stakeholders in order to ensure that the office of the Auditor-General is effective. The fight against corruption and maladministration in South Africa is a fight for all of us, yourselves included, obviously, but more so for the people on the left-hand side. I thank you very much.
IsiXhosa:
Siyanixhasa, la masela. [Kwaqhwatywa]
Mr V ZUNGULA: Hon Chairperson, as the ATM we want to appreciate the work done by going Auditor-General, Mr Makwetu. Tsakane
Maluleke, a Chartered Accountant is a seasoned professional with an impeccable track record in the auditing profession. Her
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The ATM is in full support of her appointment, and we are confident that her more than two decades of experience, both in public and private sector, will be brought to bear in rooting out maleficence, unaccountability and corruption in the public service. With the greater powers in the institution, we hope that it will lead to more monies lost to corruption be recovered. Thank you.
Mr A M SHAIK EMAM: Hon House Chair, allow me to start off by thanking our previous Auditor-General, Mr Makwetu, for the exemplary manner which he conducted himself during his term of office, and also the selfless person that he is, indeed, by even recommending that his Deputy be chosen as his successor. Now, the
NFP is fully behind the committee and supports the appointment. We are satisfied that all the due processes have been completed. The process has been credible that shortlisting did take place and interviews have been conducted.
But I want to clarify one point about it, Chair, and I don’t want it to be misinterpreted. The new Auditor-General, indeed, is not being appointed because, to any extent, that she was preferred
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Page: 22 because she is a woman candidate, but over and above being a woman candidate, she had all the necessary qualifications, the necessary experience and very importantly, she has a highest level of integrity. If you do any kind of research on her, there is nothing negative you can read of on her.
So, I think that the appointment of Tsakane Maluleke is indeed the best decision that we could have made. Also, I want to say to the incoming candidate, Auditor-General, that your path indeed is not a simple one. If you remember what happened in the previous term, the Auditor-General’s culprits were actually threatened by those that were investigating them. I mean, I can’t say right now, they were particularly in supply chain and procurement processes.
Stuck with corruption, you have a mammoth task ahead of you, and we call upon you as the NFP to rise against the occasion and conduct yourself without fear or favour and do what you do best, in the best interest of the country and the people. The NFP fully support you. Thank you.
The HOUSE CHAIRPERSON (Ms M G Boroto): Thank you very much.
Sepedi:
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Mokone, o nyaka go thaketša Ntate Ntshayisa? [Tšhwahlelo.] Aowa, ga go bjalo.
Mr L M NTSHAYISA: Hon House Chairperson, he forgets that he has less votes than mine ... [Laughter and Applause.] ... Let us appreciate the work that has been done by the outgoing Auditor-
General, Mr Kimi Makwetu. We also congratulate Mama Maluleke on her appointment as the Auditor-General.
We believe she was not just appointed because she is a woman. She has qualifications and a lot of experience. We hope that she is going to do a good work. There are many good women out there who have qualifications who should be appointed to senior positions but are being marginalised. It is time now that they should be recognised and acknowledged that they do exist and have qualifications to lead this country.
We also think that if we could just appoint women into these senior positions, then our country can now bring many solutions to these problems because we believe that they have all the skills that are necessary. We hope that the appointment of Mama Maluleke is going to make us deal with corruption in a very thorough manner because there are many of us who are doing as they wish here. We believe that women are powerful and they should be recognised. We
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[Applause.]
Sepedi:
MODULASETULO WA NGWAKO (Moh M G Boroto): Bahlomphegi ba ka letsong le letona, ke tloga ke le kgopela. Ga se ka dumelwa go le dumelela go dira se le se dirago. Ke a le kgopela, ga se go dumelelege.
Sepedi:
Mr W M MADISHA: Ke a leboga. Ke lebogile akere.
English:
The COPE agrees to the recommendation put before Parliament by the committee. We look forward to Ms Maluleke’s positive and excellent contribution. She has excellent qualifications and experience as well. We have gone through that.
The outgoing Auditor-General did very well and we thus hope that
Ms Maluleke will follow and even take to the highest level what the outgoing Auditor-General did for South Africans.
We thank the committee for having done very well in finding a proper person for South Africans. Thank you very much. The process
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Page: 25 was fair and we followed throughout. We are very happy. Thank you very much. [Applause.]
Mr I K MOROLONG: House Chairperson, the ANC wishes to take this opportunity and through our declaration support the ad hoc committee report ... [Inaudible.] ... to contribute to an outstanding South African, the outgoing Auditor-General, Mr Kimi
Makwetu and to welcome the recommended and incoming Auditor-
General, Ms Tsakani Maluleke.
In paying tribute to Mr Kimi Makwetu, we recognise his sterling work and are greatly encouraged that he has had a profound impact on the lives of a nation. His contribution should draw all of us into a time of deep introspection and reflection.
During his tenure, he faced some of the most challenging times in delivering on the mandate this House gave to his office in
December, 1996, when we passed the first democratic Constitution of the Republic and solidify the Auditor-General as an independent
Chapter 9 institution. On the occasion of the drafting of the
Constitution of the Republic, the ANC was unambiguous in its firm conviction that the Auditor-General’s office required constitutional protection and will be afforded the independence necessary to conduct its work.
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During the Makwetu era, we have experienced a fundamental shield that has taken place for the better. His concerns over the years have led the ANC to initiate a process of giving the Auditor-
General increased powers to deal with financial mismanagement and corruption.
Hon members, the amendment to the Public Audit Act has given the
Auditor-General the necessary power to take any remedial action and issue a certificate of debt on an accounting officer or authority to comply with the remedial action.
On the financial state of our municipalities, we have been seized with numerous interventions and guidance through the recommendations of the Auditor-General, yet despite an internal audit environment, many municipalities are financially dysfunctional.
The Auditor-General’s report for the financial year 2018-19 reveal that municipalities heavily rely on consultants for, amongst others, preparation of financial statements for auditing purposes; that there appears to be no transfer of skills from the consultants to the municipalities; that despite the high costs of these consultants, municipalities derive no return on investment since the services rendered by the consultants do not meet the
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Page: 27 required standards. Some of these municipalities have been issued with disclaimers of opinion while others could not complete the audit during the legally prescribed period.
It is this very focus on the implementation of the audit outcomes, mainly on those municipalities which have received disclaimers that there has been a subject of section 139 intervention.
This previous term of office has defined the how the Auditor-
General’s Office Has contributed to an auditing history that will have an impact on their profession for decades to come.
In others, this year, Parliament received a briefing on the Audit
Amendment Bill. This is a product of the work that was initiated by Parliament, led by the ANC when we uncovered through our oversight work corrupt practices within the auditing profession.
This auditing practices with monopoly capital had through the rolling over of auditing contracts led to generally corrupt practices.
We had an intensive discussion with Mr Kimi Makwetu and subsequently summoned the chief executive officer, CEO, of the
Independent Regulatory Board for Auditors, IRBA, to Parliament to shed more light. It was in this engagements that we began to
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Page: 28 discover just how corrupt the relations between auditing firms and the monopoly capital. As Parliament, led by the ANC, we demanded that the rolling over of auditing contracts at Infinitum be brought to an end.
This was the start of amending the Auditing Profession Act of 2005 to address challenges and limitations that the IRBA faces in discharging its regulatory and oversight responsibility especially in light of the auditing and the accounting profession. Some of the amendments proposed were contained in the Financial Matters
Amendment Bill of 2019 when it was passed in Parliament.
Then of course, the historic amendments to the Public Audit
Amendment Act, which the ANC argued must give the Auditor-General referral powers on material irregularities to relevant public bodies for further investigations, issue a certificate of debt for failure to implement the Auditor-General’s recommendations in the event of financial loss and to take binding remedial action for failure to implement the Auditor-General’s recommendations. It is at a time like this that we realise how much remains to be done.
The outgoing Auditor-General pointed directly to the capability of the state and more recently with a management of a portion of the
COVID-19 relief funds to a weak control environment. These are the
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Page: 29 challenges we need to take forward with the incoming Auditor-
General Ms Tsakani Maluleke.
The late president of the ANC, Oliver Reginald Tambo, would have turned 103 years, today, as he celebrates his birthday posthumously, we are reminded that Tambo was an undisputed champion of the course of women. [Applause.] Today, we are proud to be associated with the outcome of a fair, transparent and a credible process which has culminated in the ad hoc committee presenting to this House an individual who has earned her strides as the new Auditor-General. A woman with impeccable credentials in the auditing profession. Ms Maluleke brings to this position abundance of wealth of experience as former Deputy Auditor-
General.
The ANC couldn’t be more proud that this Parliament embraces black excellence but even more inspiring, we recognise transcended brilliance associated with the women fold. [Applause.] Tambo himself, would have been immensely proud that flowers of the revolution are occupying their rightful leadership, history of embedded patriarchy and gender-based violence. We congratulate Ms
Maluleke and wish her well in her new responsibilities.
[Applause.]
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Question put.
The HOUSE CHAIRPERSON (Ms M G Boroto): Hon members, in terms of section 193(5)(b) of the Constitution, the person recommended for appointment as the Auditor-General must be approved by at least
60% of the members of the Assembly. Although the division has not been demanded, members are required to record their support for the recommendation of Ms Tsakani Maluleke for appointment as the
Auditor-General. Members will therefore be required to record their support through our voting procedures as we have agreed through the hybrid platform.
Now, because we also have to give the Chief Whips of parties the time to check on their members that are on the virtual platform and those that are in the House, I am going to allow that the bells be rung for five minutes. Thank you.
Voting
[TAKE IN FROM MINUTES.]
Question agreed to.
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Ms Tsakani Maluleke accordingly recommended for appointment as
Auditor-General in accordance with section 193(5)(b) of the
Constitution, 1996.
The CHIEF WHIP OF THE OPPOSITION PARTY: House Chairperson, I wonder if I could ask for Hansard purposes that we note specifically that this wonderful occasion was voted on unanimously by the whole of Parliament because it doesn’t happen often. It is a wonderful thing to happen.
The HOUSE CHAIRPERSON (Ms M G Boroto): I really want to thank all the parties. With my experience in this House, it is the first. We really have to appreciate what all the speakers in the House and on virtual platform have supported this initiative. [Applause.]
Thanks to the ad hoc committee under uMama uXolashe. We thank you
Mama.
Ms E N NTLANGWINI: On a point of order House Chair. I note that we all voted in favour Chair, I hope this will happen the same way when we amend section 25 soon, Chair, of the Constitution ...
The HOUSE CHAIRPERSON (Ms M G Boroto): That’s not a point of order, Ms Ntlangwini, it has nothing to do with what we are dealing with now.
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The DEPUTY SPEAKER: Thank you very much, House Chairperson, may I also add my congratulations to Ms Tsakani Maluleke and the ad hoc committee for a wonderful work done. I would also like to add my well wishes to the outgoing Auditor-General for the work ...
The CHIEF WHIP OF THE MAJORITY PARTY: House Chair, he is burning.
The HOUSE CHAIRPERSON (Ms M G Boroto): Hon Chief Whip, that’s out of order. Deputy Speaker, I think your camera is showing something else. It is life threatening. It is as if you are on fire. Just remove it and talk. Thank you. Continue Deputy Speaker.
The DEPUTY SPEAKER: ... I don’t know what happened. I was saying that ... Can you hear me? I wanted to add my congratulations to Ms
Tsakani Maluleke for her appointment as the Auditor-General. She definitely deserves it. I know her work including the work of the
Chapter 9 institutions that work together as a forum. She has the leadership that will be required for the job she’s been appointed to. I do wish to add my huge congratulations to and well wishes for a job well done by the outgoing Auditor-General Mr Kimi
Makwetu. Thank you very much sir, you have done well in the circumstances.
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CORRUPTION RELATED TO COVID-19 TENDERS
(Subject for Discussion)
The LEADER OF THE OPPOSITION: Ngiyabonga, Somlomo, isipoki. [Thank you, Speaker, the ghost.] Thank you very much for being here today. Madam Speaker, hon President, hon members, on 23 March 2020 the President of the Republic, President Ramaphosa, addressed the nation to announce government’s decision to enforce a nation-wide hard lockdown. In that speech, the President made an explicit commitment to the nation. He said, and I quote:
We expect all South Africans to act in the interest of the South
African nation and not in their own selfish interests. We will
therefore act very strongly against any attempts at corruption
and profiteering from this crisis. I have directed that special
units of the NPA be put together to act immediately and arrest
those against who we find evidence of corruption.
This was fighting talk. [Interjections.]
The HOUSE CHAIRPERSON (Ms M G Boroto): Deputy Speaker, you are disturbing the speaker at the podium.
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The DEPUTY SPEAKER: Please go ahead. My apologies. I was getting a message from Parliament. Thank you.
The HOUSE CHAIRPERSON (Ms M G Boroto): Okay.
The LEADER OF THE OPPOSITION: This was fighting talk.
The DEPUTY SPEAKER: My apologies, hon Steenhuisen.
The LEADER OF THE OPPOSITION: This was fighting talk from the
President, but not a threat that his own party took very seriously. This stern warning clearly didn’t prove to be much of a deterrent.
On the contrary, we now know that in this moment of great national crisis, the ANC abused the state of disaster, under which normal oversight mechanisms and procurement regulations were suspended, to embark upon what can only be described as a feeding frenzy of
COVID-19 funds – and this, at a time when the poor were being forced, sometimes at gunpoint, to sacrifice their right to earn a meagre living; when schoolchildren were being forced to sacrifice their right to education and school meals; and when Collins Khosa was brutally and needlessly murdered by the state.
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We now know that billions of rand intended for the Unemployment
Insurance Fund, for the Temporary Employer/Employee Relief Scheme, and the SA Social Security Agency were diverted, and instead found their way into the bank accounts of connected ANC cronies. We also know now that two thirds of PPE and other contracts signed between
April and August were dodgy. [Interjections.]
The HOUSE CHAIRPERSON (Ms M G Boroto): Deputy Speaker ... Deputy
Speaker ...
The DEPUTY SPEAKER: Yes, hon member.
The HOUSE CHAIRPERSON (Ms M G Boroto): There is a point of order in the House.
The DEPUTY SPEAKER: Go ahead.
The LEADER OF THE OPPOSITION: Yes, I will take a question.
The HOUSE CHAIRPERSON (Ms M G Boroto): Hon Deputy Speaker, please proceed with the point of order.
The DEPUTY SPEAKER: What is the point of order, hon member?
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Mr M GUNGUBELE: Thank you, hon Speaker. I heard you, hon
Steenhuisen, say that during lockdown there was no oversight, that it was stopped. Can you stand by that?
The LEADER OF THE OPPOSITION: Yes, because this Parliament switched off its lights and shut its doors for months, while the government and the executive were allowed to do what they wanted to do and get away with it, which is why we sit with this problem today. [Interjections.] [Applause.] So, yes, absolutely. This
Parliament has failed in its duty to hold the government accountable. That is why we are having this debate today.
Mr M GUNGUBELE: I wanted you to confirm that ... [Inaudible.]
The LEADER OF THE OPPOSITION: The COVID funds were intended for life-giving food and life-saving medical equipment. This is not just theft; it is murder. Corruption costs lives. This is why, while the DA were building field hospitals in the Western Cape, the ANC were digging graves in Gauteng.
We heard that the high-profile ANC looters included the Health MEC in Gauteng, Bandile Masuku; and that Ace Magashule’s – your secretary-general – sons and Nomvula Mokonyane’s daughter scored
COVID-related contracts. And we know that this scandal reached
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Page: 37 deep into the President’s own office, with Khusela Diko’s husband awarded R125 million-worth of tenders. These were a pack of heartless hyenas feeding off a helpless, dying springbok. And this, South Africa, should enrage all of us!
The President may have been “shocked” that his party could plumb to such depths. But we weren’t shocked, because we’ve seen this movie before: the arms deal, President Mandela’s funeral and state capture. Every time there is a big government procurement, the hyenas in the ANC are always waiting at the door – which is why we pushed, hon Gungubele, for COVID-accountability mechanisms, for
Parliament to remain open, for an ad hoc committee to ensure continual oversight.
We called for a special inspector-general, with powers in the
National Treasury, to take pre-emptive action to prevent COVID fraud and corruption; and we argued that the exclusion of oversight mechanisms – including in this House – from the Disaster
Management Act was itself a grave oversight. Had these suggestions been taken on board we wouldn’t be sitting in this situation today.
But our calls were ignored. This Parliament’s lights stayed off for far too long. Now Mr President – Office of the President – we
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Page: 38 cannot keep repeating the same mistakes over and over again. We have to work together to put in place mechanisms that will ensure that this can never and will never happen again.
The DA in this House will support any measures, as I’m sure many other opposition parties would, including ending the state of disaster that has given the cronies free reign. We will support you if you want to reinstate the Scorpions, a corruption-busting body with real independence and a real sting in the tail, and we will support a 15-year prison sentence for all those convicted of
COVID corruption. Each and every individual, no matter how politically connected they are, no matter where they work, must be held accountable, because, colleagues in this House, we will only win the fight against corruption in South Africa when there are real consequences for wrongdoing. We will only win the fight against corruption when we see the big political fish in orange overalls.
Mr President, members of the ANC, members of the Cabinet, we stand ready to help develop these mechanisms to ensure that this doesn’t happen again. And the President is going to need the DA’s help because his party simply cannot help itself. [Applause.]
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The CHIEF WHIP OF THE OPPOSITION PARTY: Hon Deputy Speaker, I rise on a point of order.
The DEPUTY SPEAKER: What is the point of order hon member?
The CHIEF WHIP OF THE OPPOSITION: Deputy Speaker I rise on a point of order because I feel it is important to point out to the House that the hon Gungubele just had what we call a spectacular backfire. [Applause.]
The DEPUTY SPEAKER: Hon member, that is not a point of order. Go ahead hon Somyo.
Mr S S SOMYO: Hon Deputy Speaker and hon members, from the onset of this debate we need to make it clear and to make a distinction between misrepresentation of facts, skulduggery, rumour mongering and political prejudice which drives the sponsors of this motion against evidenced-based facts. If we do not deal with facts and evidence this debate will end up being nothing, but an opportunistic attempt to gain political advantage at a time of a pandemic. That is contempt at whipping a generation of the face of the earth. That is the lowest form of political integrity to use a tragedy to political short-term gain. Let us deal with the facts.
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After the outbreak of the novel coronavirus, the President announced the R50 billion containment package for the health response and the relieve of social and economic distress. The
R500 billion is part of what the fiscus could provide on the basis of the provision of R190 billion which was funded by the current budget and tax relief measures on the basis of R70 billion plus
R40 billion Unemployment Insurance Fund, UIF, reserve fund and
R200 billion which is not necessarily in cash, but a guarantee scheme in partnership with major banks, National Treasury and SA
Reserve Bank. Thanks to the President for his mobilisation of the social partners.
For this House and its own integrity this debate must deal with what has been audited. What has been audited thus far amounts to
R68,9 billion which constitutes 47% of the R147,4 billion that was set aside for COVID-19 relief. The narrative that the sponsors of this debate are trying to spread is that R500 billion has been misappropriated. Factually, this is impossible. Of the
R68,9 billion audited the Special Investigating Unit, SIU, has confirmed to recent reports that it is following only
R15,6 billion transactions around under investigations. Across all spheres of government from all provinces.
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To stand here and grandstand as if this has not occurred in the
Western Cape that the DA leads. There are currently seven cases amounting to approximately R145 million which are under investigation. Something which we must look into in terms of what the grandstanding has been.
The foresight of the President of the Republic, in inviting the
Auditor–General to look into the management of COVID-19 funds when the containment package was first announced has been well funded.
To affirm this point, the Auditor-General wrote in his COVID-19 audit report and I quote:
In times of crisis the agility and robustness of Public
Finance Management Systems are truly tested. Experience
both international and locally shows that these types
of circumstances create opportunities for integrity
violations most notably fraud and corruption which
could seriously weaken the effectiveness of government
actions. The easing or refocussing of controls and
streamlining of processes to respond to the crisis may
unintentionally expose the government to the risk of
public resources being misused or abused.
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The uniqueness of this process is that the audit has been undertaken in a real time audit of the 16 of the key COVID-19 initiatives. By real time audit we mean auditing procurement transections as they occur and reporting any findings to the accounting officers to enable them to deal with any shortcomings immediately and tighten the preventative controls to avoid reoccurrences. The value of real time audits suggest that we need to establish this as an auditing practice. If it could be done in such a short space of time, surely we need to explore how this can become an established practice. Since there will be far more beneficial to auditing practices of the state.
For qualitative and completeness of the Auditor-General’s work, multidisciplinary teams made up of fraud, information technology and sector’s specific experts supported the financial auditors to dig deeper and provide relevant insights on auditee’s risks and operations.
In response to allegations of corruption or related activities including maladministration of funds in respect of the relief of containment interventions the fusion centre was activated on 18
May 2020, in collaboration with other law-enforcement agencies.
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Engagement interfaces have been established with departments in key areas affected by corruption around COVID-19 related procurement. In July a Presidential Procurement Proclamation was obtained by the Special Investigating Unit. In August, an
Interministerial Committee was formed to improve transparency and accountability with regard to COVID-19 procurement.
As the subject of today’s debate is on COVID-19 procurement corruption, the total number of national cases on COVID-19 procurement corruption is currently at 38 as determined by the fusion centre very different from what the sponsors of this motion propagate. To the immediate future, we know that there is a huge influx of cases.
The Auditor-General’s special report has identified some 80 000 exceptions which could be of illegal payments which needs to be investigated and followed up. This has been handed over to the fusion centre. It needs to be said that a good percentage of this, derives from criminal syndicates who are using false IDs for UIF and that scamming is still taking place. The fusion centre is prioritising cases identified to be heard in courts. It needs to be said that a multidisciplinary and collaborative approach between the various law-enforcement agencies in the fusion centre has yielded positive results.
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Having outlined some of the work that is taking place, we need to address our collective responsibility. As public representatives we have the responsibility to mobilise society behind a common vision of exposing and uprooting corruption.
The approach of the ANC caucus is guided by the values and ethos of building a capable, developmental and ethical state. The ethics of the ANC have been firmly articulated in the recent letter from the President that we did not wage a liberation struggle merely to change the political system. The strategic objective of the struggle was always to build a new nation on a fundamentally different moral foundation. Ours was to be a society based on equal rights for all on solidarity, integrity and accountability.
We have called for urgent action to be taken by law-enforcement agencies and that this must be accompanied by public accountability.
The decisiveness that has been displayed by the ANC in dealing with the abuse of the COVID-19 relief funds has resulted in practical steps being taken. Individuals in government have been put on precautionary suspension and they would be held accountable for the alleged acts of corruption. [Applause.]
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We are determined that rooting out corruption of public resources must succeed. We are determined that the work of the fusion centre and that of the Auditor-General be brought to the glare of the public eye and that nothing is to be hidden. Those exposed must face the full might of the law. We all need to get behind the law- enforcement agencies in their noble endeavour to root out any procurement related corruption.
As we operate in conditions not of our own making and neither of our own choosing and paraphrasing marks, at the start of the pandemic the President requested that we not politicise a pandemic for party interest. The meeting held at Tuinhuis with all political parties was exactly about this and our Minister of
Health has consistently repeated the same assertion. Our people have spoken and have spoken loudly. They do not want corruption in any form.
As public representatives collectively without fail, we must respond to their call we acknowledge the justifiable public outrage caused by the deprivation and heartlessness displayed by elements in the private sector who have colluded with some elements in government. We unequivocally condemn all forms of corruption, dishonesty, collusion, price fixing, tender fraud and
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Page: 46 bribery. We will comprehensively fight corruption combining both prevention and punishment.
Those who loot public resources must face the wrath of the law.
Ethical and moral leadership in both the public and private sector will be critical if our collective fight against corruption is to succeed. We are committed to draw a clear line between our organisation and those who steal from the people thereby subverting the very essence and the reason of the ANC’s existence as a servant of the people. We all in this House have to deal decisively with corruption and to restore the integrity, restore the values and restore the ethos of the national democratic society that we seek to build. This is our responsibility. We cannot defer it and we cannot outsource it and we cannot avoid it.
Thank you very much. [Applause.]
Ms S J GRAHAM: Deputy Speaker, when lockdown started, the
President asked us to support this government and adhere to the regulations imposed by them. The country rallied. It’s what we do as a nation. We stand together in times of crisis.
At that time, Minister de Lille informed us that in order to protect our citizens from cross-border contamination, most of our land ports of Entry would be closed and our borders would be
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Page: 47 fortified – in particular, a 40km stretch around Beitbridge on the border with Zimbabwe. She made it seem plausible. After all government ... [Interjections.] ...
The DEPUTY SPEAKER: Hon member, we can’t hear you. It looks like something has happened to your voice. Can you activate your mic there so that we can hear you?
Ms S J GRAHAM: Can you hear me now, Deputy Speaker?
The DEPUTY SPEAKER: Yes, we can hear you.
Ms S J GRAHAM: Do you want me to start again?
The DEPUTY SPEAKER: No, proceed where you were.
Ms S J GRAHAM: And as lockdown continued, the people of this country suffered socially and economically. But we rallied – strong in the belief that our government was acting in our best interests and in good faith. And then, the truth emerged that
R40 million of our money had been squandered on an ill-advised, rushed and woefully inadequate border fence that has come to be known as the Beitbridge washing line.
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Minister de Lille went on the defensive - if you’ll excuse the pun. An investigation was underway. Heads would roll. The officials had overstepped. But not once, did she acknowledge that it was her directive that had set the entire process in motion.
That her instructions were to expedite the procurement. That as a result, procurement processes were contravened. That a proper bidding process was circumvented. And that, as it turns out, as a result, this country was robbed of at least R14 million and that is merely the alleged overpayment on the project.
An SIU investigation is underway – at our cost. Three portfolio committees visited the washing line for oversight – at our cost.
Legal processes have been instituted – at our cost. You see, it’s not just the specific act of corruption that costs us. We pay for every case of corruption in myriad different ways and it’s the people who pay. Not – emergency directive like - Minister De Lille who should already have been sanctioned by the President, but who continues to avoid answering the allegations as she passes the buck down the line. We need to demand accountability from all our leaders for all forms of corruption, especially when so much has been asked of us and we have complied so willingly.
To quote author G Edward Griffin, “To oppose corruption in government is the highest obligation of patriotism.” I am a
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Page: 49 patriot. The people who suffered under the lockdown regulations, who lost their jobs, who had their incomes cut, who put their faith in our country’s leaders, despite the hardship that they were required to endure - they are patriots. Mr President,
Minister de Lille ... are you? I thank you.
Ms O M C MAOTWE: Thank you very much, Deputy Speaker, once again, it is a shame that Parliament allowed itself to be a spectator to the COVID-19 pandemic corruption that we have witnessed since the government announced the lockdown to try and stop the spread of coronavirus. All the signs were there from the beginning, but there are people who saw an opportunity the COVID-19 pandemic lockdown an emergency procurement to steal, regardless the cost of such grand corruption. Even if it meant that there are people who do not have food on the table and were going to starve to death.
Even if it meant that there are nurses and doctors without personal protective equipment’s, PPEs, and were risking their lives when it was not necessary.
As the EFF, we started receiving complaints and evidence of widespread corruption that was happening in all government levels from national to municipalities, including state-owned companies as early as March. We wrote to all Ministers, member of executive council of the province, MECs, and municipalities, including
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Page: 50 state-owned entities on 22 April to demand transparency. We asked them how much was allocated for COVID-19 budget, for what items and how much they have spent at a time? The majority of them simply ignored our correspondence, including Ministers here in this very same National Assembly. Ministers were so arrogant and bold to write to the Speaker of the NA, to tell her that they do not have time to respond to letters from Members of Parliament.
Even follow up efforts were ignored, Deputy Speaker.
It was only after everyone agreed with the EFF that corruption pandemic has collapsed government’s efforts, to respond to the
COVID-19 pandemic that the government published. The majority of
COVID-19 expenditure and even though that they have published, only showed the tip of the iceberg. The crisis is far much deeper.
It is our constitutional duty ... [Inaudible.] ... to hold the executive accountable. Section 55 of the Constitution gives the NA powers to hold the executive accountable, to summon anyone before us, to give evidence and to ensure that taxpayer’s money is safe.
On 30 July 2020, the EFF submitted a draft resolution to the
Speaker, to establish an ad hoc committee in terms of Rule 53 of the NA Rules, to investigate allegations of corruption in the procurement of Covid-19 PPEs. We want the record to show the
Majority Party in this House, the official opposition and other
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Page: 51 parties rejected the EFF draft resolution to have an ad hoc committee to investigate COVID-19 PPEs corruption without offering any reason. This was even after the Constitutional Court has chastised Parliament for failing to act on the report of state capture and they have repeated the same blunder, allowed the
Cabinet to set up some clownish committee to investigate itself.
The PPEs corruption even goes to the highest office in the land.
The debate today is nothing but a slide show. You should be ashamed for failing to intervene and lead the society to fight the pandemic that have caused many of our people to die, when their deaths were preventable.
Deputy Speaker, what is more concerning as this Parliament, is the fact that we are so quiet about the skilled financial bank statements of the President. The EFF will go to the highest court in the land to fight for the unsealing of this document. We want to know: Are people who benefited from those PPEs contracts and other tenders in the state, also the ones who contributed to the
CR17 Campaign?
However, a more systemic reason, why we witnessed all the corruption that happened. The state cannot deliver basic services and relies on tenders for everything. Had the ruling party listened to the EFF superior, practical and some logic to use
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Page: 52 pandemic to build a state led industries to produce PPEs, we would have not seen these levels of corruption. By building state industrial capacity to produce PPEs, we could have saved lives. We could have created jobs. We could have broadened tax base and increase tax revenue. We could have minimise corruption. We could have repositioned the economy that empowers the majority, if not all finished goods. A model that has proven to be catastrophic for our people without jobs.
Deputy Speaker, we are led by incompetent, directionless, powerless President and his collective in the Cabinet. What is more shameful is that we have ended the little confidence that our people were starting to have in Parliament. Since the arrival of the EFF, we have started to tackle corruption head on. We should all be ashamed of ourselves. Deputy Speaker, I thank you.
Mr M HLENGWA: Thank you, Deputy Speaker, corruption in South
Africa is a pandemic and without doubt those who steal and loot during this greatest health crisis of our lifetime worldwide, are guilty of a crime against humanity. We must now use money to recover money. The cost of corruption is time, resources and the systematic collapse of governance and the state. It therefore becomes urgent that the Disaster Management Act be amended in order to ensure that Parliament is strategically repositioned, to
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Page: 53 take its rightful place, to hold the executive and government to account during such difficult times. It cannot be that the executive will exercise oversight over the executives.
This is not the first time I have expressed my disappointment and indeed anger at the astronomical levels of corruption that have taken place amiss, one of the most devastating times of the world and our country has ever seen. The most deplorable act an aspect of rampant corruption that has become part of our economic fabric, is that it is executed for the benefit of those who are politically connected. It leaves our most vulnerable whose economic security has been affected by the pandemic. Flapping in the wind by the very government whose constitutional mandate is to protect them.
The IFP recognises the expedience to which government reacted to this particular unethical corruption and applauds the Special
Investigation Unit, SIU, for its swift response to irregular expenditure related to PPE contracts. It has now come to our attention that at present 67% of the overall COVID-19 spending by government is under investigation. This amounts to R10,5 billion of the R15,6 billion that has been spent thus far on the pandemic.
This spending implicates numerous government departments at both national and provincial levels.
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In Gauteng alone, the SIU is probing over 150 companies and contracts with up to R2,2 billion. Further, it is likely that these figures will increase as the SIU and other agencies continue with the investigations. The IFP acknowledges the work of the SIU, the Hawks, the National Prosecuting Authority, the NPA and the
Financial Intelligence Centre, the FIC, that are doing during this very difficult time to bring those responsible for the unabated looting to book. However, it is necessary to note that the mandate of most of these agencies is limited. Thus requiring heavy reliance on the resources of the NPA to initiate criminal proceedings against these lawless individuals. It is as equally important for our country that the looted funds be recovered and that the responsible persons be tried criminally for these crimes.
Consequence management in this regard becomes of absolute importance.
In the update on the progress in uncovering the extent of corruption, Standing Committee on Public Accounts, Scopa, has heard recommendations that could be instrumental in the fight against irregular procurement that is rife in our government departments. Among these, were legislative amendments intended to provide for financial safeguard. However, we know that the law is insufficient in protecting the state resources. We must start to see swift and significant sanctions for companies and individuals
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Page: 55 that participate in theft from the South African public both in a form of internal disciplinary processes and criminal proceedings.
Prevention is better than cure on one hand, but at the same time, we do need to punish.
The IFP calls for investigations without fear, favour or prejudice and an end to golden handshakes for officials who are indeed found guilty for stealing from the public, at any time, but particularly during this COVID-19 pandemic. We also call for the necessary support and resources for those agencies that are in the trenches of this battle, to ensure that none that are implicated ...
[Inaudible.] ... escape justice. Hon Deputy Speaker, I thank you.
IsiZulu:
Kodwa awuphele umkhuba wokuntshontsha izimali. Ichilo le nto.
Yimbi Mvelase! Yimbi! Ubunuku ukuntshontshwa kwemali yomphakathi.
Amanyala, unembeza awuvuke kubantu. Hhayi bakithi niyasiphoxa.
Nigcwalisa umbhalo ukuthi umuntu ompisholo akakwazi ukulawula izwe bese kubukeka ngazu thi sasifuna inkululeko ukuze sigebenge.
Inkululeko eyokukhulula abantu, hhayi ukucindezela abantu. Lobu bugebengu bokuntshontshwa kwemali abuphele. Awuvuke unembeza.
Angiyazi le nto eniyenzayo.
English:
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Across the spectrum ...
IsiZulu:
... angiyazi lento eyenzakalayo. [Ubuwelewele.] Cha ngithi ...
English:
... across the spectrum ...
IsiZulu:
... ninganyukelwa umoya, yehlisani umoya. Umoya awehle kodwa buyekwe ubugebengu. Phela iqiniso elimsulwa ukuthi izwe liphethwe yini. Ngakho ke kufuneka unembeza uvuke ngapha kakhulu. Ngiyabonga
Sekela Somlomo. [Kwaphela isikhathi.]
Afrikaans:
Mnr P J GROENEWALD: Agb Adjunkspeasker, ...
English:
On 21 April when the hon President announced his R500 billion support package he said that he was deeply concerned and disturbed about the reports of corruption specifically referring to the food distribution packages. He was deeply disturbed. Further on, he also said to the people of South Africa that he will take steps against corruption. He then announced certain measures as far as
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Directorate for Priority Crime Investigation, DPCI – also known as the Hawks, the National Prosecuting Authority, NPA, and all other structures to ensure that those who made themselves guilty of corruption will be brought to book.
He also said so to the people of South Africa, but he cannot prosecute people because he is only the President, that is the task of the National Prosecuting Authority. Yes, it is correct; because if the President can prosecute people then we have a dictatorship. The fact of the matter is, why is it only now? The
President himself said that the ANC is “accused number one”, so he is aware of the corruption. Corruption started in the 1990s to a magnificent scale when we talked about ... [Interjections.] ... the corruption and what happened then. [Interjections.] Yes, it was before 1994 as well, I agree. But with the armaments procurement programme we are speaking about billions, that is the fact of the matter.
Furthermore, it was also in August when the hon Minister of
Justice spoke about the six Minister’s commission who are going to look into all the state departments and government apartments as far as corruption is concerned. Minister Lamola said that they are
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Afrikaans:
Nou is my vraag: Hoekom is daar skielik nou eers ’n politieke wil om korrupsie uit te roei, as die Minister en as die President weet dat die ANC beskuldigde nommer een is?
English:
It has been confirmed by the Chair of the Passenger Rail Agency of
South Africa, Prasa, Popo Molefe at the Zondo Commission when he said that in 2015 he had already handed a comprehensive report on corruption of billions of rands as far as Prasa is concerned, to the executive of the ANC which the hon President was a member of.
Afrikaans:
Hoekom het die ANC nie toe die politieke wil gehad om korrupsie te beveg nie? Die VF Plus sê vandag, as die ANC ernstig met korrupsie is, dan het hy geen keuse as om weer ’n eenheid op die been te bring wat ’n vervolgingsgerigte ondersoek met gespesialiseerde ondersoekers het om korrupsie te ondersoek nie. Die belangrikste is dat die President verseker dat daar genoeg fondse is om hierdie liggaam te befonds om korrupsie uit te roei, anders sal ons verder
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English:
The HOUSE CHAIRPERSON (Ms M G Boroto): In the meantime, may I request all members in the House to please lead by example. Let us tell each other to put masks on at all times; lets’ do that. I am not sending any service person to ask you to do that. Let’s do that. Thank you.
Rev K R J MESHOE: Deputy Speaker, on behalf of the ACDP I would like to convey our sincere condolences to the families, friends and colleagues of all health care workers who lost their lives while attending to the needs of patients who were Covid-19 positive. Their commitment and dedicated service to work long hours under intense psychological pressure is greatly appreciated.
For this reason the ACDP calls on members of the public to show much more appreciated for our doctors, nurses and all health care workers and to ensure that they receive the necessary support from all of us while we promote and protect their physical, mental and spiritual wellbeing. To all doctors, nurses, and other health care workers who might still be battling or recovering from Covid-19 complications, we pray for your speedy recovery.
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The ACDP condemns the shocking high levels of corruption in this country, particularly the looting of personal protective equipments, PPEs, which were meant to protect and save the lives of health care workers. We are of the opinion that the looting of
PPEs is a serious criminal act that should receive severe sentences that equal that of attempted murder. We also appeal to the Minister of Health to ensure that our nurses, doctors and other health care workers receive appropriate counselling whenever they see the patients they are attending and their colleagues lose their lives to Covid-19.
Covid-19 corruption is a cruel betrayal of South Africans who were forced during lockdown to sacrifice finances, freedom and family to prevent the predicted overwhelming of our health services which never happened. When President Ramaphosa announced the
R500 billion Covid-19 relief package on 21 April, he said that it will be used to lessen the impact of lockdown on jobs and the economy. He said the poor and hungry will be supported and fed, but unfortunately much of that went to the thieves and their families and friends.
On 23 July, the President addressed his fellow South Africans admitting that there were allegations of Covid-19 corruption involving fraudulent unemployment insurance fund, UIF, claims,
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The ACDP reiterates its call to government agencies to focus all their efforts on recovering the more than R500 billion lost as a result of corruption. The Hawks, the NPA, the SA Revenue Service,
Sars, the SIU and other law enforcement agencies have wide powers to freeze bank accounts and attach assets worldwide and we encourage them to do that as speedily as possible without fear or favour. The guilty must be found and punished and all the loot should be recovered. Thank you.
IsiXhosa:
Mnu B H HOLOMISA: Hayi, niyangxola nina. [Kwahlekwa]
English:
Our Deputy Speaker and hon members, the UDM adds its voice to those that condemn corruption in all its forms. We are, however, of the view that the Covid-19 tender corruption is just a continuation of the institutionalised corruption that has been happening for years, albeit that some might argue it is more despicable.
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The UDM had welcomed the President’s announcement that he would be cleaning up government’s act, so to speak, but I’m afraid it might have been pure rhetoric, to try to silence the mounting criticism.
Time will tell, but the UDM has its doubt as the beast that must be fed, the ANC is perpetually hungry.
Yes, we know when Chancellor House was formed, and saw how billions of rands were siphoned from the taxpayers through the
Eskom-Hitachi deal.
Yes, we had the corroborating evidence on how Bosasa received government contracts with one hand [Inaudible.] funded the ANC’s campaign and the party’s birthday for leadership, on the other hand.
The UDM has submitted information to the Judicial Commission of
Inquiry into State Capture revealing how a syndicate of connected individuals have hacked into tender system for the benefit of the ruling party. They used a marketing company of Nelson Mandela Bay to organise around 28 million of public relations and advertising for the ruling party during the 2016 Local Government elections.
This cabal allegedly consists of people like Crispian Olver,
Cheslyn Mostert, Vukile Pokwana, etc. to name a prominent few; all
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Page: 63 of whom have direct links to the highest levels of the ruling party.
Thinking of another case is that of Edwin Soti that gave Zweli
Mkhize 6,5 million after getting a government contract to remove the so-called asbestos roofing in Free State.
When one considers how the ruling party latches onto government resources like a parasite through it’s well-placed network using cadre deployment, it is easy to see that the real perpetrator of state capture is none other than the ANC.
Finally, it is imperative that all the monies that have been pilfered through tenders and tender rigging, as was done with the eye-opening Bosasa shenanigans in favour of the ANC-linked companies or ANC leaders and ANC-linked individuals or the party itself, must be recuperated. Yes, they must be charged and sent to jail [Inaudible.] that is not enough. Thank you.
IsiXhosa:
Buyisani imali le nayithathayo.
Speaker: Suka lapho, baba.
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Mnu B H HOLOMISA: Undibona phi wena, uphi?
Mr V ZUNGULA: Deputy Speaker, the decay of ethics in elected officials and the blatant disregard of putting the citizens of
South Africa first in these tough times has damaged the state of affairs in South Africa significantly.
Corruption is state capture on its own and the discussion of corruption is futile if the public still does not know who funded the CR17 campaign. The truth of the matter is that the donors of the CR17 campaign may be the biggest undue beneficiaries of Covid-
19 contracts. We’ve already seen people in close proximity to Mr
Ramaphosa irregularly benefiting from Covid-19 contracts.
Corruption will be systematic as long as those CR17 bank statements are sealed. As the trend dictates, the current
President will, at some point and hopefully so, vacate office then the citizens will be subjected to another costly commission of inquiry to unravel the current looting.
The people of South Africa have been subjected to endless cycles of commissions of inquiries, Inter Ministerial Committees and other talk shops. We need decisive and proactive action now. Mr
Ramaphosa must allow for the courts to make the CR17 bank
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With the rising concerns of the looming second wave of the coronavirus, all efforts should be directed towards ensuring that the poorest of the poor are not further robbed of a chance to sustain themselves.
As ATM we move that there must be special Covid-19 courts that must be established, just like we did during the 2010 World Cup, and prosecutors must be appointed to expedite the prosecutions of looters of the Covid-19 funds. These courts must be equipped with experts to assist with the accurate interpretation of all guiding procurement legislation, facts around disclosure, overpricing, industry standards and many other key factors in these corruption cases. The Competitions Tribunal can be easily repurposed for this role.
All Special Investigative Unit, SIU, Covid-19 corruption investigations must be made public. It is not enough to suspend, redeploy or dismiss the corrupt, the state must recover all monies lost due to corruption and there must be criminal charges against all of the corrupt. Thank you.
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Mr S N AUGUST: Hon Deputy Speaker, as parliamentarians we should be spending more of our time debating practical measures to improve service delivery, to create dignified living environments for our people, to upskill them so they are better equipped to find jobs.
But each day we learn about new debts of which our public servants have sunk to enrich themselves and their cronies. I’m reminded of the 53 million of reckless spending just off my doorsteps in Cape
Town on the disastrous inhumane dumping ground the DA call the
Strandfontein Camp. This ludicrous spending was merely an opportunity for the DA government to live out their fantasies and remove the poor from the affluent areas to the fringes of the metro, out of sight, out of mind. Examples like this are so pervasive that we’re really not surprised to learn of the looting of our coronavirus defences.
It would be much more surprising to see people convicted and imprisoned for the crimes against the nation. As long as the corrupt feel they stand a good chance of getting away with it, they are going to keep on doing it.
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Our courts also have a responsibility to make the punishment fit the crime. With constant postponements of cases, the confidence in our justice system is slowly eroding.
Corruption doesn’t just bleed the country of its resources, but also its energy and hope for the better future. It erodes people’s trust in government and in us, their representatives.
In the absence of law enforcement, an environment has been created for the weaponisation of corruption allegations by politicians, for factionalism, political campaigning and division. Corruption and fraud have become a national obsession.
While it feels like the real work before us, reducing inequality and advancing social, economic, spatial and environmental justice has somehow been de-prioritised. We need to stop talking about corruption, start dealing it, and rapidly refocus on the national priorities.
As we contemplate our re-emergence from covid lockdowns and the new normal that lies before us, we can’t allow ourselves to be defined by corruption any longer.
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I want to remind hon Graham from the DA that she must still account for the 25 million of money from the public for a giant flag project in the Eastern Cape that was never completed.
I implore the government to take urgent action to finalise each and every case reported to the SIU. Agencies like the SIU and
National Prosecuting Authority, NPA, must receive more resources.
As we enter the local government election season, let’s do so in an environment in which law enforcement agencies are doing their work, allowing the politicians to do their real work too.
We must acknowledge the attempts of the past few weeks that show some action and it must continue. We must earn back our self- respect and restore our good reputation to the world. I thank you.
Ms L S MAKHUBELE-MASHELE: Deputy Speaker, and hon members, good afternoon. Today, we posthumously celebrate the birthday of the longest serving president of the glorious movement, the ANC,
Oliver Reginald Tambo. Today, he would have turned 103-years-old.
He led the ANC with distinction through trials and tribulations of apartheid and racial oppression, banning that case of exile and returning home and handing over an organisation with an unblemished legacy of fighting with and for the people of South
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Africa. President O R Tambo did not only build a strong and a united ANC and global apartheid movement, but also build a South
Africa behind a national vision of nonracialism, nonsexsim and a democratic and a prosperous society.
Hon members, in August the president of the ANC recently wrote to all of us as members of the movement. He was feeling a sense of anger and disillusionment that reported corruption by government departments and state agencies where tenders for personal protection equipment had been given to individuals, some associated to the ANC and others who are Public Servants. Quoting verbatim the president wrote:
The ANC and its leaders stand accused and this is the reality
that we must all confront.
The president was reflecting the intensity of honesty and self- criticism that has historically characterised the ANC.
In the most recent ANC resolutions we as the ANC have resolved on corruption. We have said that we will publicly disassociate ourselves from anyone, whether business donors, supporter or member accused of corruption or reported to be involved in any corruption. [Applause.] Similarly, we will suspend people who fail
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Page: 70 to accept or subject themselves to the discipline and the integrity of the ANC. The Ministers of Finance, Police and Justice should strengthen the state capacity to successfully investigate and prosecute corruption and account for any failure to do so. The
ANC has affirmed through its organs of state that any member involved in corruption must stand trial. As I stand in this august
House today I want to publicly challenge any political party in this House that has demonstrated that they will deal with their own members who are reported to be corrupt.
The LEADER OF THE OPPOSITION: Deputy Speaker, on a point of order:
The challenge is accepted. We fired Minister De Lille. She is now your problem.
Ms L S MAKHUBELE-MASHELE: But you left hon Madikizela who was the
MEC in the Western Cape who was reported to be corrupt. You did nothing on his purported corruption activities. [Applause.] I want to urge all political parties who are in this House today to stand the scrutiny as the ANC has subjected its own members. We have witnessed how the DA and the EFF turned to close ranks and put party unity against integrity in the eyes of the public. For a point in example, Madikizela who was the MEC in the Western Cape was reported to be corrupt, but you did nothing.
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Since the ANC ... [Interjections.]
The CHIEF WHIP OF THE OPPOSITION PARTY: Deputy Speaker, on a point of order: The MEC was cleared by the Public Protector. The hon member doesn’t know what she is talking about.
The DEPUTY SPEAKER: That is not a point of order, hon member. Go ahead, hon member.
Ms L S MAKHUBELE-MASHELE: Hon members, the ANC has listened to the millions of people as we go about doing door to door visiting homes and villages. People have expressed their concerns on the scourge of corruption which appears to be getting out of control.
The ANC took measures to strengthen the organs responsible for fighting the scourge and we have seen spectacular results emanating from this.
However, as the Director of the National Prosecution Authority
Advocate Shamila Batohi has said:
The damage that has been done to these institutions was deep
and it had occurred over a long time.
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When addressing the Portfolio Committee on Justice and
Correctional Services earlier this month, Advocate Batohi said that the wheels of justice are turning. Corruption-related arrests made over the past few weeks across the country are only a case in point. That is why in the ANC we are advocating for more funding for the National Prosecuting Authority, NPA, to continue doing the sterling work that they are doing.
Despite the negative statements from some parts of the country, the ANC is however encouraged by the voices in society and amongst them business leaders are starting to see that the ANC is acting on corruption. A case in example is Busi Mhlongo, the leader of
Business SA, recently wrote, and I quote:
I have often reminded myself that the political change that we
were all hoping from this government is now taking place. We are
encouraged that the President is seizing the moment and taking a
hard line stance against corruption.
We are seeing high profile arrests in the country. I want to state it on record to the public to note that as the ANC we will never stand by any accused person regardless of the office that they hold and in the organisation. It is therefore important to mention that government did everything in its power to prevent reported
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Page: 73 personal protection equipments, PPE-related corruption. When the reports of misappropriation of PPE funds emerged, President
Ramaphosa issued a directive to organs of state on 5 August 2020 for a submission of full information regaling COVID-19 procurement tenders. The Department of Justice and Constitutional Development and the National Treasury have worked together in collating the information of all the procurement information and it is published in the Treasury website.
There is no intention to protect anyone who is involved in the PPE procurement fraud. It is therefore a known fact that where allegations of financial miscount have been reported, the country’s law enforcement agencies have moved swiftly to investigate and consequences have taken place. Therefore, we stand on this platform today to urge all Public Servants to respect their civil duties and desist from stealing from citizens.
What is most disheartening is that the culprits are tainting the excellent work that has been done by civil servants including the frontline staffs that have helped the country in navigating the difficult circumstances imposed by COVID-19. We urge all companies that do business with government to respect the citizens of the country and never enter into doggy deals that rip citizens off their much-needed resources.
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Hon members, we stand on this platform as Members of Parliament to assure South Africans that Parliament is taking their oversight responsibility with the utmost respect and sincerity that it deserves. All portfolio committees are dealing with the procurement of PPEs. We are playing our oversight role. We have actually gone to the extent of ensuring that the report of the
Auditor-General is taken to all portfolio committees where misappropriations have been reported and we are as Members of
Parliament are acting upon all those misappropriations. We are not only grandstanding here, but we are doing our work in portfolio committees. We must remind South Africans that the work of
Parliament is processed in portfolio committees. It is one thing to grandstand to come here and talk about Parliament not being able to take their oversight responsibility in the manner in which you are purporting. Work is being done in the engine houses which are portfolio committees. We stand here to assure citizens of the country and to assure taxpayers that the ANC will never stand with anybody accused of corruption. We will never stand with anybody regardless of whether they are within our ranks. We call upon law enforcement agencies to act swiftly and bring people to book.
Therefore, that is why we are even capacitating and giving more resources to the prosecution authorities to be able to carry out their constitutional duties. It is one thing to come here and talk about corruption but we as the ANC we are acting on corruption. We
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Members of Parliament in our portfolio committees. I urge you, hon members who have sponsored the debate, to ensure that your members are found in portfolio committees and they hold the departments accountable for any procurement of the procured tenders that have been issues. And we stand behind the executive led by the ANC that they will ensure that they do their constitutional mandate in ensuring that everybody that has been reported of corruption, who is purported to be corrupt, must be taken to task. I thank you.
Mr A M SHAIK EMAM: Deputy Speaker, clearly, that indicates one thing that it is not the political parties that are corrupt but it‘s individuals within the parties that are corrupt. Painting all of them with the same brush is not the correct thing to do. Let me just start off by saying, I am not surprised at what has happened;
I am surprised that this House appears to be surprised and shocked as to what is going on with corruption relating to the covid-19 pandemic.
I heard some political party undermining the smaller parties in one of the Whips meetings when there was a discussion about giving extra minutes to smaller parties saying they must go out there and get the vote. The same parties that are in this House – and there is oversight and I believe there is oversight mechanism. But let
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Page: 76 us admit, the oversight mechanisms that we have are failing; it is just not working. Had it been working, we would not be sitting in the situation that we are in today.
Importantly, we are talking about the corruption only with covid-
19, why are we not speaking with the same sense of urgency and concern about a hundreds of billion rands that is stolen every year – year in and year out – in South Africa as a result of corruption particularly through the procurement system? The chief executive officer, CEO, of supply chain has confirmed that, the
Auditor-General has also confirmed that, so I cannot understand.
What I always find here is that, when we come back we want to attack each other rather than giving the solution. I think one of the solutions is if we can separate administration from politics, that no politician should play a role in appointing anybody under the administration level at any spheres of government. Right now political parties decide who they will appoint, who is the municipal manager, who will be the director ... Separate it and have them to have nothing to do with it. Make sure that the Public
Procurement Bill that has gone for public comment, its not worth the paper is written on, it is not going to deal with high levels of corruption.
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Let me give you a good example when I say why you are not surprised. If you look at the Minister of Public works ... We know what has happened in the Western Cape, the only reason the DA kept quiet about it is; because it will impact on them, what the
Minister of Public Works, Patricia de Lille did. One day after being appointed she appointed her sister ... Don’t you think that tells you that she is going to continue with the corruption! Are you surprised with what has happened at Beitbridge? I am not surprised! I know that “a leopard never changes its spots” It must continue.
I also want to admit that the problems that are taking place –
It’s not only with the public sector but also the private sector that is very deeply involved in the high levels of corruption.
However, I do agree with the hon members that it is time to come together and put something concrete so that we can rather prevent these high levels of corruption rather than allowing it to occur losing hundreds of billions of rands in the [Inaudible] and then come out and arrest people and spend millions of rands with that as well. We need to deal with that.
Right now we have a bigger problem, we hear talks about wanting to go back on a lockdown, and I don’t think the lockdown will work because it never really worked. There are no measures being put in
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Page: 78 place to ensure there is compliance. The only people that have benefited from this lockdown is the monopoly capital as the big business ... [Time Expired.]
Mr L M NTSHAYISA: Deputy Speaker, In Glenister v President of the
Republic of South Africa and Others, the Constitutional Court in
2011 correctly concluded that and I quote:
Corruption has become a scourge in our country and it poses a
real danger to our developing democracy.
The Court went further to say I quote:
It undermines the ability of the government to meet its
commitment to fight poverty and to deliver on other social
and economic rights guaranteed in our Bill of Rights.
The covid-19 corruption best captures the Supreme Court of Appeal judgement in S vs Shaik in which corruption was set “to offend” against the rule of law and the principles of good governance.
The far - reaching implications of covid-19 corruption especially on the poor has been life threatening. For instance, many South
Africans have been condemned to a life of perpetual poverty which
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Page: 79 in the main was sponsored by the government’s failure to flag signs of overpricing unfair processes, potential fraud, as well as supply-chain management legislation being sidestepped.
Deputy Speaker, covid-19 corruption has also exposed the
Parliament’s spent oversight measures. For instance, Parliament is enjoined by the Constitution to hold Members of the Executive individually and collectively accountable. Let me explain this failure in the following.
Section 7(2) of the Constitution creates an obligation on the sate including the legislature as the arm of government it says and I quote:
The state must respect, protect and promote and fulfil the
rights in the Bill of Rights.
When the rights of South Africans’ human dignity, access to health care and the provision of food and social grants were violated,
Parliament should have summoned the line functioning Ministers to account for covid-19 related corruption. In our view, it failed to fulfil its constitutional obligations. We wish to re-iterate that
Parliament should establish an Ad Hoc Committee to look into
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Page: 80 covid-19 related corruption and summon the relevant Ministers in terms of section 56 of the Constitution without any delay.
If the tender system is corrupt, let it be put aside and give capacity to government employees so that they can do the work and the people that were supposed to be employed by that one person awarded a tender should be employed by the government and not paid peanuts by the one that has won the tender.
I am not trying to invite and hatred or anger from any political parties but I am saying this should start here. If we can look thoroughly how these monies that are being allocated to political parties used. Those monies should be looked into thoroughly because some the monies are not used exactly for the purpose for which they were meant so this corruption combating should start here in Parliament. I thank you, Deputy Speaker.
Mr W M MADISHA: Deputy Speaker, those of us who were born in the deep rural areas in the villages, although we later grew up in the townships know very well that if you go there the ordinary people will take time to understand what is meant by the word corruption.
It is against that background that I wish to indicate to them that corruption means stealing and robbery by the powerful and the rich
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Page: 81 from the poor. But who are those people? The powerful are those who hold high positions in government inter alia those who are called Ministers, be it at the national or provincial levels.
Although we know that in provinces they are called MECs. Also those in power includes the bureaucrats who work with and or are in offices of the powerful. Who are the rich and thiefs in this instances? Those are the ones in power but use the faces of their wives and husbands, their children and other relatives, their pseudo factories and companies for example, in this covid-19 instance. To rob or steal billions or millions of monies that belong to the people of South Africa particularly the poor and the downtrodden.
Although R500 billion was taken from what is supposed to be the purse of South Africans many or thousands of our people were not saved from death. Corruption has killed our people and it is continuing, even doctors and nurses are going through that kind of a problem.
Instead of producing facemasks and sanitizers after they had received tenders the rich and the powerful went for example to
China bought masks at less than R3.00, brought them to South
Africa and sold them at R25.00 or even more. What a shame!
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South Africans you should stop complaining and act. Stop thieves – and I want to emphasise that – you know who those thieves are.
They are carrying plastic bags wherever they are. Now is the time for you to work Thank you.
Ms S GWARUBE: Deputy Speaker, South Africans can be forgiven for having foreseen that months after the world’s most devastating global health crisis, this House would debate the theft and the misuse of public money meant for this response. We would be justified because like the Q2 form, the very people who are meant to have led us through this time would be the ones who steal shamelessly from the public purse.
The President has made strong statements about corruption.
However, those words truly ring hollow. After all he has said without a shred of irony, told the country that he will always choose the ANC over his responsibilities as the South African
President. It is no surprise that he is not bothered about preaching brave words in his weekly newsletters while seated next to the most corrupt individuals both in this House and Luthuli
House. His loyalties are not to the people of this country, his loyalties are to the ANC.
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This is exactly why we find ourselves debating corruption in
Parliament when real criminals roam around free in state sponsored luxury vehicles all with the perks that come with being a member of South Africa’s political elite. We are truly not led. At a time when South Africa needed leaders with integrity, who would step up to the challenge of saving lives and livelihoods, we were shackled by the liability, that is this leadership.
While the people of the Eastern Cape fought each other for mere oxygen in hospitals, comrades were stacking their pockets. While health workers worked under most strenuous conditions, valiantly saving lives, the politically connected were pocketing government contracts in the millions. While many family members lost multiple loved ones to this pandemic, our government officials found loopholes in emergency procurement processes, to steal and to loot. It is truly an indictment on this government.
As a young leader in this country, I am deeply ashamed to be sitting across some of you who have the audacity to want to be called hon members. There is nothing honourable about people who would rather get rich on the backs of the very people who have elected you to serve them.
Before many of you ...
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IsiXhosa:
... nizingombe izifuba nisithi ayibiwanga nini imali ...
English:
... you are all complicit. Each and every one of you would rather defend your comrades than call out criminality when you see it.
IsiXhosa:
Nonke niyafana.
English:
You made Bongani Bongo the chairperson of a portfolio committee when you knew that he had allegations levelled against him.
[Applause] Yet, today you come and defend yourselves and corruption, no it does not work like that. These are your colleagues, your comrades and the people who are quick to remind us that they fought hard for the liberation of the struggle.
You may have fought diligently for this democracy, but with every single cent of public money that has been stolen that legacy is washed away. The legacy of this organisation will be that of a political party ...
IsiXhosa:
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... etye imali abantu besifa.
English:
Some of the arguments that were advanced here by the past speakers are disappointing but not surprising. Hon Somyo came here and gave us some of the most wishy-washy arguments I’ve ever seen. The most insulting has to be when he stood here and he claimed that only
R15 billion has been stolen, as though somehow that needs to be some kind of consolation to the people at home. That is the most insulting thing to the people who have had to be relegated to a second class health system for the past couple of decades
In another attempt to deflect and evade responsibility hon Somyo references the Western Cape as being part of the corruption ring, yet he knows that the very municipalities who are suspected of these allegations are under the government of the ANC. The DA has never shied away from saying that any politician who is found...[Interjections]... to have been guilty of corruption must be arrested and must be prosecuted, the same cannot be said by the
ANC. Any attempt to really try and obfuscate that is really pathetic.
Hon Makhubela-Mashele ... [Interjections]... clearly lives in a parallel universe. She talks about how the ANC is listening to
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South Africans and how high profile arrests are happening, yet Ace
Magashule sits at Luthuli House, Bongani Bongo is awarded with a position in Parliament. Zandile Gumede was promoted right in front of this country, a massive insult to the people of this country who have been loyal to this organisation. You have no respect for them but you keep choosing your comrades over the very livelihoods of the people that who have served you. [Applause] As a result, the DA will be writing to the Speaker of Parliament to have
Bongani Bongo removed as the chairperson of the portfolio committee, because he belongs in jail and not in Parliament.
[Applause]
What we should have seen here hon members is an unequivocal apology to South Africa. A commitment that every single one of those implicated of corruption to the tune of billions is removed from leadership positions, both within the ANC and in government and an earnest undertaking of law enforcements agencies are empowered to arrest and prosecute corrupt politicians and public servants. We wanted to hear a unanimous call that all of them must be arrested. Every single one of them must be sent to jail. Send them all to jail, they belong in jail, not in positions of power.
They belong behind bars not leading the people of this country do the right thing, send your very colleagues to jail and not to
Parliament. [Applause]
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The MINISTER IN THE PRESIDENCY: Deputy Speaker, let us just make the point once again: The ANC is not part of the law enforcement authorities of our country. We have law enforcement authorities in this country and, indeed, we will not interfere with their work.
They have the responsibility and the mandate to arrest anybody who involves himself or herself in corrupt activities. That is the stance of the ANC and that will not change. Anybody who loots, anybody who engages in corrupt activity – whether they be from the
DA, the EFF or the ANC – we will not stand in the way of our law enforcement authorities doing their work. Now ...
Dr P J GROENEWALD: Agb Adjunk-Speaker ... Hon Deputy Speaker?
The DEPUTY SPEAKER: Yes, hon Groenewald. Why are you rising?
Dr P J GROENEWALD: Is the hon Minister prepared to take a question?
The MINISTER IN THE PRESIDENCY: I’ve just started.
Dr P J GROENEWALD: [Inaudible.]
The MINISTER IN THE PRESIDENCY: I’ll come back to you when ...
[Inaudible.]
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Dr P J GROENEWALD: ... [Inaudible.] ... you’ll come back to me ...
The DEPUTY SPEAKER: Hon Mthembu ... Hon Mthembu, please answer.
The MINISTER IN THE PRESIDENCY: Not now. Later.
The DEPUTY SPEAKER: Okay. Thank you.
The MINISTER IN THE PRESIDENCY: Deputy Speaker, we join this House in welcoming the new Auditor-General Tsakani Maluleke as we bid farewell to Mr Kimi Makwetu for work that he did so wonderfully.
The 2019 elections, Deputy Speaker and members of this House, which is the mandate by South Africans to the sixth democratic government, clearly identified that corruption has negative consequences on our economy and society. It is impacting on the integrity of our institutions and our leaders and undermining the very moral and ethical basis of our young democracy.
Now, this is what we have said. This is what is in our election manifesto that brought us to this House. President Ramaphosa, as both leader of the ANC and of government, reaffirmed that ethical and moral leadership in the public sector, the private sector and
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Page: 89 within society in general remains critical if our collective fight against corruption is to succeed.
Based on the ANC’s 54th conference resolutions, the manifesto and the National Executive Council statements, the ANC has given priority to the integrity of public representatives of public institutions and that of the private sector. The ANC government has taken firm action to deal decisively with the problems of corruption, state capture and related misconduct that have not only given rise to a public outcry but have also impacted negatively on the economy and society. This includes instituting measures to allow for prosecution in cases in which there is prima facie evidence of wrongdoing at the Zondo Commission of Inquiry into Allegations of State Capture. We are responding to the demand of society to spare no effort in uprooting corruption in the
Public Service ... [Inaudible.] ... and within society in general.
Corruption also diverts much-need resources ...
The DEPUTY SPEAKER: Sorry, hon member. Hon members, could you please switch off your microphones. Hon Mahumapelo, you are one of those. Please switch off your microphones. You are interrupting proceedings here. Thank you. Sorry, hon Mthembu. Please proceed.
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The MINISTER IN THE PRESIDENCY: Corruption also diverts much-need and necessary resources to improve access to essential services into the pockets of a few who are greedy and heartless. As the ANC government we have already joined all of South Africa and all of the world to condemn, in the strongest possible terms, the corrupt behaviour that reared its ugly head during the COVID-19 pandemic, which is causing an unprecedented threat to life and the livelihoods of humanity not experienced since the 1918 Spanish Flu pandemic.
The World Health Organisation’s Director-General, Dr Tedros
Ghebreyesus, described this type of corruption, including that related to personal protective equipment, PPE, as murderous. We fully agree.
Cabinet remains resolved to leave no stone unturned as we strengthen controls, ensure early detection and institute consequence management beyond the COVID-19 resources. Government further affirmed the independence of law enforcement agencies in that they must execute their duties to our nation without prejudice, without fear and without favour as custodians of the laws of our country.
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We thank the many honest public servants and citizens that are co- operating with our law enforcement agencies to bring perpetrators to book so that they face the full might of the law. As reported to the Standing Committee on Public Accounts, Scopa, by the Hawks, significant progress has been made to ensure that every cent stolen is recovered and brought back into the fiscus.
Hon members, COVID-19 is still with us. Having eased lockdown restrictions from Level 5 to Level 1, the threat of a second surge that is hitting nations elsewhere lurks over our land. Every effort and every resource earmarked for the fight against the pandemic cannot be allowed to be diverted by a few amongst us without full consequences, including recouping such resources and putting them back into the coffers of the state.
Overall, the South African response against COVID-19, led from the front by President Ramaphosa, has been decisive and impactful, including by the World Health Organisation’s Director-General, who
I referred to earlier.
As we work to reconstruct and recover our economy, ravaged by
COVID-19, we must build on this formidable effort we mounted together as a nation across the party-political divide, across the public and private sectors and across the provinces and our
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Page: 92 districts. The progress registered to date must inspire us to remain focused as we tackle corruption and some of the ills that raised their ugly heads, including violence against women and children, alcohol abuse and racism.
Working together as a nation we flattened the curve earlier on and readied the health system to save lives. By 25 October 2020, the
COVID-19 recovery rate in South Africa averaged at 90%, compared to the global average of 73,7%, and the case fatality rate stood at 2,6% compared to the global average of 2,7%. More facilities – beds, equipment and medication – were added for isolation, quarantining and treatment, including ICU beds. We capacitated our laboratory system in the public and private sectors and waged a massive trace-and-test screening and testing programme. We trained and mobilised our health workers, who remain the pride of our nation, as we faced a surge of over 13 000 daily infections. We joined the African and global community in efforts of solidarity, medical scientific research, innovations and humanitarian outreach. We put forward a massive R500 billion social and economic relief package to save lives and livelihoods.
Through the resilience of our people, our infection rates today, while still considered high, have decreased from the over 13 000 infections at the peak of the pandemic to between 1 500 and 2 000
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Page: 93 a day. As of yesterday, new infections stood at 891 – from a peak of 13 000. That is something we must be proud of, and we must thank our frontline workers in that, indeed, we have had so many recoveries and that we have also reduced infections to these numbers owing to their dedication and commitment to saving lives.
We are encouraged that measures to ensure a zero tolerance of corruption are beginning to be effective and impactful. Cabinet remains seized with comprehensive efforts to ensure that we all succeed in this regard. The collaborate efforts of law enforcement agencies culminated in the establishment of an anticorruption task team to serve as a platform to prevent, detect early intelligence- led investigations, and prosecute and recover assets relating to corruption in respect of COVID-19 relief to counter the detrimental public, social and economic impact of the pandemic.
Government has committed, amongst other things, to strengthening the criminal justice system in order to recover stolen public funds including those in off-shore tax havens. The multi-agency approach of law enforcement agents has already resulted in investigations, arrests, the freezing of assets and prosecutions.
There are 179 cases under investigation as we speak, with six cases involving 19 accused already in court. There are 64 bank
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Page: 94 accounts that have been frozen and an estimated R100 million that is in the process of being recovered by various agents including the Asset Forfeiture Unit, the SA Revenue Service and the Special
Investigating Unit. [Interjections.] Definitely; there can’t be any other government that can do this – stepping up and acting against private companies, financial services and agents that facilitate tax avoidance and illicit financial flows, profit- shifting, illegal imports and import fraud, thereby robbing the country of tax revenue.
In addition to measures instituted by the SA Revenue Service, the
Competition Commission at the Department of Trade, Industry and
Competition subjected a number of companies that were violating the COVID-19 regulations to serious consequences.
Indeed, we have as government committed, amongst other things, to ensuring compliance through lifestyle audits and vetting, as well through financial monitoring to curb corruption. We can report that compliance with guidelines on lifestyle audits is done, with
77% of departments at national and provincial levels assessed to be fully compliant, as Cabinet insists on not tolerating partial compliance.
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Measures are taken to enforce compliance with section 8 of the
Public Administration Management Act as well as with regulation
13(c) of the 2016 Public Service Regulations to prohibit public servants from doing business with government. Systems are being developed to ensure a more transparent and more open tender system as mitigation against fraud, bribery and corruption. Building and strengthening the social combatting of corruption, which will include initiatives that discourage those who turn a blind eye to corruption, has also been implemented and social compacts have been entered into with various civic, labour and business players even within the framework of the National Economic Development and
Labour Council, Nedlac.
This path the ANC has taken of cleansing the Public Service, the private sector and society of corruption and corrupt elements is an irreversible path that must create more opportunity to focus on the socioeconomic reconstruction and economic recovery agenda.
Too many of our people suffer from hunger and poverty. Too many of our youth are unemployed, including those whose education we have funded as this government of the ANC. Too much is lost in our economy to corrupt activities.
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His Excellency President Cyril Ramaphosa reiterated the resolve of the sixth administration to leave no stone unturned and to spare no effort in pre-empting, tackling and building resilience against these ills and rebuilding trust and collaboration with stakeholders and citizens to emerge victorious, as we live our collective vision of a South Africa that provides hope and delivers a better life for all.
The governing party, the glorious movement of our people, the ANC, is determined to restore the trust of the nation and to rebuild a capable, ethical and developmental state. Whilst mindful that corruption is a global challenge, South Africa works with regional and international institutions to advance our cause and speed up our potential to succeed. Let us joins hands as a people to usher in a period of a caring and more just society, free of poverty, free of corruption and free of inequality, and to defeat not only the COVID-19 pandemic but the social ills that we confront like corruption as we build a better life for all.
I’m ready for your question ...
Dr P J GROENEWALD: Thank you, hon Minister. You said that the ANC is not a law enforcement agency. I agree.
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The MINISTER IN THE PRESIDENCY: Definitely.
Dr P J GROENEWALD: My question is this: There have always been law enforcement agencies. There has always been a National Prosecuting
Authority. There’s always been a criminal justice system. Why suddenly now the change and what change does the ANC bring to that criminal justice system? Thank you.
The DEPUTY SPEAKER: You ... You’ll ...
IsiZulu:
Mvelase, Mvelase ... hon Mvelase, ngicela ningasilawuli.
English:
Don’t run yourselves: you and hon Groenewald. Don’t run yourselves in the ... Go ahead, Ntate. Answer the question.
The MINISTER IN THE PRESIDENCY: Advocate Shamila Batohi has always complained about the National Prosecuting Authority, the NPA, not having the necessary capacity. And she has always asked government to assist and give her the necessary capacity so that she can do her job. [Interjections.] No, no; don’t worry.
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The reality is that as a government committed to assisting all our law enforcement authorities, we think that within the constraints of the current budget we have assisted her and her other colleagues. And she is able now – and she has said so, I believe, to her colleagues in Scopa – and they are able to do so, even though they still need more assistance. So with the assistance they have been able to get now, they are able to do and undertake certain actions arising from the mandate that they carry. Next?
[Laughter.] [Applause.]
The LEADER OF THE OPPOSITION: I’ve got a question, Deputy Speaker.
The DEPUTY SPEAKER: Go ahead. There’s another one. Hon ... Yes?
The LEADER OF THE OPPOSITION: Deputy Speaker, with the hon
Minister in the Presidency to give effect to the pronouncements made by the President, which we support, would he support our moves to have Mr Bongo removed as a Chairperson of this House?
[Interjections.]
The MINISTER IN THE PRESIDENCY: There is an organisation called
“the African National Congress”. That organisation makes such decisions. I cannot make such decisions from this podium. So it is the ANC that you can go and consult with on these matters. I am
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The DEPUTY SPEAKER: Thank you very much, hon member.
[Interjections.]
Mr M HLENGWA: Hon Deputy Speaker ...
The DEPUTY SPEAKER: The time. No, no; the time has expired, hon member. [Inaudible.] The hon Minister does not have any more time.
It’s gone. Why are you rising?
IsiZulu:
Mnu M HLENGWA: Hhayi bo ngifuna umbuzo. Sekuhamba esenu ...
The DEPUTY SPEAKER: Hon members, thank you very much. That brings us to the end of the day and the House is adjourned. Thank you.
Debate concluded.
The House adjourned at 16:51.