Cape Town - Parliament could not ignore the allegations against Public Enterprises Minister Pravin Gordhan by suspended director-general Kgathatso Tlhakudi around the sale of SAA shares.
This was the opinion of parliamentary legal advisor Andile Tetyana when advising the public enterprise committee in handling Tlhakudi’s public disclosure made late last year.
“There is information that has been put in front of you by a very senior accounting officer of a government department and the issue is simple: can you just dip your heads in the sand and ignore it?” Tetyana said.
He also said the Zondo Commission had in its report questioned where Parliament was when state capture happened.
“The reason we are saying that you can't just look the other way is the fact that the committee will have to engage with this matter and, of course, in its wisdom (decide) what form it should take,” Tatyana said.
He gave the advice after National Assembly Nosiviwe Mapisa-Nqakula referred Tlhakudi's protected disclosure, which was also made to President Cyril Ramaphosa last October, to the committee for consideration.
EFF deputy leader Floyd Shivambu had also written to Mapisa-Nqakula requesting an inquiry into Gordhan’s conduct, saying the allegations pointed to conduct that was in violation of his oath of office.
In his protected disclosure, Tlhakudi made allegations of improper and illegal conduct by Gordhan in the disposal of SAA to “benefit a few privileged individuals who were favoured by the minister in an irregular manner.”
He also claimed the misconduct charges against him “are simply a witch-hunt which has absurdly gone wrong and I seek your intervention and also investigation of the issues I am raising.”
However, Gordhan has in a letter to Mapisa-Nqakula stated that Tlhakudi’s allegations were unfounded.
“In fact any allegations of impropriety concerning SAA, its restructuring and the business rescue process are entirely without merit.
“More importantly it bears emphasis that Mr Tlhakudi’s suspension and disciplinary action are entirely unrelated to the SAA matter,” he wrote.
Gordhan said Tlhakudi was facing disciplinary action after a complaint was received by the Public Service Commission regarding his alleged unethical conduct in the recruitment of a director in the department.
Tetyana said the committee was enjoined to inform Tlhakudi on regular intervals of two months that the decision on his request for an inquiry was pending.
“The committee failed to meet the time frame. Not all is lost as the Act provides that within six months after referral the committee should inform the complainant of the decision to investigate and where possible the time frame the allegation will be investigated or not.”
He said Gordhan had been proactive in providing his response to the allegations to Parliament.
“The complainant must be given a chance to exercise his right to reply,” he said, adding that there was already a letter sent to Tlhakudi requesting him to do so.
“It is only after the committee has engaged with the response and the reply (that we) will be in a position to concretely address this issue.
“At this stage this issue is premature,” he said about deciding whether there should be an inquiry or not.
DA MP Ghaleb Cachalia said there was a set of allegations made by the director-general and Gordhan’s reply.
“We now have to proceed forthwith.
“Any other matter will delay this matter,” Cachalia said.
EFF MP Omphile Maotwe said the committee should take a principled stand in pursuing an inquiry into the allegations.
ANC MP Nkosinathi Dlamini said the issue to be considered was whether Tlhakudi’s protected disclosure met the requirements of law and what should be done with his allegations.
Committee chairperson Khaya Magaxa said there was a push to rush things and some have preoccupied positions on the matter.
“I don’t think we will be doing our oversight work and taking the executive into account if we just rush into things.
“There is legal advice that sought to advise us that now that DG has responded to our letter that he is not in a position to write a response or exercise his right but willing to come to the committee to answer any questions.
“We have in front of us a comprehensive response from the minister,”
Magaxao said Gordhan and Tlhakudi would be invited to make presentations to the committee next week.
“It is then that we can reach a situation of determining the way forward,” he said.
Cape Times