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Calls for Ntshavheni to step down after alleged ‘repugnant’ fraud, corruption

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By Faizel Patel

The Democratic Alliance (DA) has requested the removal of Khumbudzo Ntshavheni from her position as minister in the Presidency.

This follows the news that an investigation by the Directorate of Priority Crimes, commonly known as the Hawks, regarding her conduct as the municipal manager of Ba-Phalaborwa Local Municipality is ready for prosecution. The investigation involves allegations of R2.5 million in tender corruption.

The Hawks finalised the investigation into Ntshavheni after charges were laid against her in 2021 over fraud and corruption related to a municipal tender worth R2.5 million.

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Investigation into Ntshaveheni

The probe into Ntshavheni emanates from the alleged irregular awarding of a contract  — initially worth R584 000  — to an accounting firm called Makwande Chartered Accountants and Business Advisors by the Ba-Phalaborwa Local Municipality in July 2009.

The contract was to prepare the 2008/09 annual financial statements for Ba-Phalaborwa. Ntshavheni was the municipal manager of the local municipality in July 2009.

In 2020, Judge Gerrit Muller of the High Court in Polokwane called the events surrounding the tender “repugnant and devastating”. He referred the matter to the Hawks and the National Prosecuting Authority (NPA) for further investigation.

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On Friday, Hawks spokesperson Colonel Katlego Mogale confirmed to News24 that the priority crimes unit had completed its investigations, adding that the docket is with the National Prosecuting Authority (NPA).

“The investigation was finalised and sent to the DPP [Director of Public Prosecutions] for a [prosecution] decision.”

The Citizen contacted Ntshavheni’s spokesperson, Sipho Mbele, and the Hawks for comment. This will be included in the story once received.

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‘Ntshavheni must step down’

DA Member of Parliament and spokesperson on State Security Dianne Kohler Barnard said Ntshavheni cannot serve as a minister in her current portfolio or any other while under such a “serious criminal investigation”.

“We call on her to step down immediately. Failing which, the President must relieve her of her duties,” Barnard said.

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“Last year, the former Minister of Justice and Constitutional Development, Thembi Simelane, was linked to the VBS Scandal. Instead of stepping down or being relieved of her duties by the President, she was redeployed to the Department of Human Settlements to oversee a R33-billion budget. We have not forgotten.

“This is yet another example of an ANC Minister in President Cyril Ramaphosa’s Cabinet who he needs to remove for allegations of corruption. Either he was not aware of these allegations, which would be an indictment in itself, or he was aware, which would raise damning questions as to his duty of care as head of the executive,” Barnard said.

Criminal prosecution

In addition to claims by senior managers in Ba-Phalaborwa implicating Ntshavheni, the Auditor-General made scathing findings against her management of the local municipality’s finances during her tenure.

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“We call for the NPA to now proceed with their criminal prosecution of Ntshavheni. As the Democratic Alliance, we repeat: A Cabinet Minister criminally investigated for corruption should not serve in Cabinet – end of story.”

‘Punish ANC’

Meanwhile, the Economic Freedom Fighters (EFF) has called on South Africans to continue to “punish the African National Congress (ANC) for its arrogance” following the investigations into Ntshavheni.

The red berets said the investigation is a reflection of the “slow pace” of investigative institutions in handling matters of corruption that involve high-ranking government officials.

“For decades, Ntshavheni has been safe under Cyril Ramaphosa’s patronage as his lieutenant and has avoided accountability for her numerous scandals over the years because of her close association with the President,” the EFF said.

“It is public knowledge that Minister Ntshavheni is one of Ramaphosa’s closest confidants, and was at the centre of his 2017 campaign to lead the former ruling party and ascend to the position of President of South Africa.

“Since she successfully delivered Ramaphosa, she has been awarded with senior roles as a minister, all of which she has left with a dark cloud of corruption and misuse of taxpayer’s money,” the party said.

The EFF said the claims of renewal and anti-corruption by this government are nothing but “lip service, and the people of South Africa must continue to punish the ANC for its arrogance in corruption.”

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Kitchen cabinet

The 47-year-old Ntshavheni is part of Ramaphosa’s so-called kitchen cabinet, which has tasked her with overseeing the State Security Agency, all government communication, and Statistics South Africa, among other responsibilities, since March 2023.

Ntshavheni also helped to “actively organise” Ramaphosa’s campaign to become ANC president at the party’s 2017 national elective conference, paving the way for him to occupy the land’s highest political office.

The investigation into Ntshavheni and the audit firm was launched after Muller — and a separate Polokwane High Court judgement delivered in June 2022 by the full bench that included Deputy Judge President Matsaro Semenya — found that the service provider did not submit its bid before the 10am deadline on 30 June 2009, but was given the contract nonetheless.

Judgements

Both judgements found that after the tender was awarded, the scope of Makwande’s contract was extended in a “problematic” manner, resulting in the price owed to the company ballooning to more than R2.3 million. Only R268 681.40 was paid to Makwande for the work it did.

Ntshavheni allegedly negotiated a price increase with the company, even though its bid documents weren’t submitted and seemingly knew that the firm did not submit the bid documents on time, but awarded the contract anyway.

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