DURBAN - The Standing Committee on Public Accounts (Scopa) was expected to write to President Cyril Ramaphosa instructing him to explain his utterances that he knew those who stole public funds for political campaigns.
The committee was deliberating on Tuesday after it had invited the ANC’s Mervyn Dirks to address the committee on his letter requesting Ramaphosa be summoned for his utterances before the committee.
Chair of Scopa Mkhuleko Hlengwa also indicated that the auditor-general needed to explain whether it had detected any misuse of public funds in the State Security department, as alleged by Ramaphosa, who said he was aware that state funds were used.
Furthermore, Hlengwa said the committee would write to State Security instructing the institution to write an affidavit detailing whether there were funds used by certain people towards the ANC Nasrec conference in 2017.
“The president owes this committee and the people of South Africa an explanation of what he knows about the misappropriation of state funds. We must also write to the public protector informing her that we will be dealing with the matter that Mr Dirks brought before her office requesting that the office investigate the matter. We will do so to ensure that there is no duplication of the work to be done,” said Hlengwa.
Appearing before Scopa on Tuesday afternoon, Dirks said that Section 48 of the Constitution obliged each one of the members of the National Assembly to affirm faithfulness to the Republic and obedience to the Constitution.
“The seriousness of what we have to deal with cannot be overemphasised. What President Ramaphosa stated in the audio clip is that he knows that it is the abuse/misappropriation of public funds. We cannot beat about the bush about this. The misuse of public funds is an act of criminality, it is a crime.
“We all know that it is also illegal for anyone aware of such a crime not to report it to the authorities. In short, what the president admitted to is that he is committing a crime by not having reported this act of criminality known to him. However, the president goes even further by trying to cover up this criminal conduct, to which he admits personally, saying that he will rather fall on his sword than report it.
“This already very serious situation is made worse by the fact that Ramaphosa had a unique opportunity, and duty, when he appeared under oath before the Commission of Inquiry into Allegations of State Capture, Corruption and Fraud in the Public Sector, including organs of State, to report his knowledge about this serious crime,” explained Dirks.
Parliament’s legal officer Fatima Ebrahim advised the committee and said that although the recording was brief, there was sufficient information to advise that Ramaphosa be summoned to explain his utterances.
“Scopa will require information to establish which state departments the funds for political campaigns were sourced from. The president will be required to explain where and how the money was used, and who the officials were who authorised such spending,” Ebrahim explained.
Meanwhile, hours before the committee convened, the Western Cape High Court Judge Andre le Grange ruled against Dirks’s urgent court application interdicting the ANC parliamentary caucus from appointing another MP to replace him, and his reinstatement with immediate effect.
Judge Le Grange ruled in favour of party whip Pemmy Majodina, and said that Dirks had failed to show a sense of urgency in his court application.
Dirks had on Monday filed an urgent court application asking the court to declare the party’s letter placing him on precautionary suspension unlawful, unconstitutional, and null and void.
His lawyer, advocate Nikiwe Nyathi, argued that the Scopa sitting would be constituted illegally if Dirks was only invited as a MP and not the whip.
“It would be illegal for Scopa to sit with my client invited as an MP without voting rights, as he was unlawfully and unconstitutionally placed on precautionary suspension by the office of the Chief Whip,” argued Nyathi.
For Majodina, advocate Tembeka Ngcukaitobi said there was no urgency and asked the court to strike off the urgent interdict with costs, arguing there was rushed notice making inflammatory statements and allegations against Ramaphosa and Majodina, and that it was rushed to court without affording them enough time to respond to the allegations.
Judge Le Grange said there was no reason for Dirks to come to the court on an urgent basis because he would still be able to attend Scopa regardless of the precautionary suspension, and struck off the case with costs.
Daily News