Minister of justice and Constitutional Development Thembi Simelane. Picture: Phando Jikelo/ Parliament of SA
Justice and Constitutional Development Minister Thembi Simelane set the record straight yesterday regarding allegations that her ministry was frustrating access by the National Prosecuting Authority’s (NPA) Investigating Directorate (ID) to the Zondo Commission database.
It was recently reported that the NPA was subpoenaing evidence from the data centre and that information might be lost amid claims that software licences were not renewed.
Addressing the justice and constitutional development portfolio commit-tee, Simelane said she was really a little on the back foot as she had only met the NPA in a “meet and greet” session as she did with other institutions reporting to her department.
“On this item, I have never had a full briefing from the NPA, suffice a memo written after you requested this session,” she said.
Simelane also said she had com-mitted to National Director of Public Prosecutions Shamila Batohi, during the “meet and greet” session, to find a solution to the issue and follow upon other issues such as regulations for the Independent Directorate Against Corruption.
“Sitting here, I come with a commitment to find a solution to the issue.
I do believe this sitting has over taken the matter that the department and NPA should have been given an opportunity to look into processes themselves.” Simelane said she had not met anybody to block anything as she was not even aware where the state capture information was kept and who had access to it. “I am here because you called me and I am here to account. I will always do that. I made a commitment that I said I am willing to look into the matter,” she said.
She, however, stated that it was unfortunate that only two weeks after she met the NPA, the first article on the data centre surfaced, already making damning allegations against the department and her leadership.
“I had no opportunity to deal with this matter.”
She stated that she had undertakento Batohi that she would look at issues of protocol and check if there were any gaps as well as check whether there was any outstanding information requested by the NPA.“As of now, we have not yet reached a point where we are disagreeing with the NPA. We never had the opportunity,” Simelane said.
Briefing the committee, director-general Doc Mashabane said it was not true that the software licences were not renewed. “We have gone out of our way to pay R40 million for licences and maintenance of the system itself. Any other suggestion that we allow licences to expire and not renew licences cannot be further from the truth,” Mashabane said.
He said no official from the NPA or the ID would have been hindered from accessing information at the data centre.“The NPA and ID have enjoyed more assistance from the system than any other agencies,” Mashabane stated. Batohi said she was grateful there was an opportunity to address the matter after it was in the media.
“It creates a sense of pressure and urgency to the matter. The NPA is not alone in feeling the pressure,” she said. However, Batohi claimed that they had responded to the media questions when they stated that they do not have unhindered access to the data centre.“In order to fulfil its constitutional mandate and in order to meet expectations of the public, the ID requires what we call unhindered access to the archives of the state capture commission, including electronic databases,” she said.
Meanwhile, an ANC MP close to Simelane has disclosed that she was willing to fight tooth and nail to dispel allegations that there was malfeasance insecuring a repaid loan from a firm linked to the now defunct VBS Mutual Bank. Independent Media recently reported that Simelane was being allegedly targeted after she attempted to stop the alleged capture of the justice system, in particular the NPA’s ID. In what is seen as the first test of President Cyril Ramaphosa’s Government of National Unity (GNU), the second-in-command party within the GNU, the DA, has called for Simelane’s head.
Despite mounting pressure to resign, ANC secretary-general Fikile Mbalula confirmed that Simelane would provide a full account of the loan, which she received in 2016 while serving as Polokwane mayor.
The ANC insider told the Cape Times’s sister newspaper "The Star" that there were ulterior motives in targeting Simelane. “When she (Simelane) was Polokwane mayor, her municipality invested with the bank, like any other municipality, but when the department of Treasury warned against it, she ordered for it to be withdrawn ... No money was lost.
Why is she being targeted now?“ As the ANC, we should see things the way they are. There is something else at play here, and we should defend her.
Until the ANC or the president tells her to go, she is not going anywhere,” said the insider.
Although conceding she should have conducted more thorough research on Gundo’s registration, Simelane maintained during a TV interview that she believed their affiliation with the Financial Services Board was sufficient. Mbalula confirmed Simelane had given a detailed report to Ramaphosa.
Cape Times
mashudu.sadike@inl.co.za | mayibongwe.maqhina@inl.co.za