‘It’s not about us not wanting to account’, says Gungubele on SOE employee vetting saga

Minister in the Presidency Mondli Gungubele has denied claims that the State Security Agency (SSA) refused to account to Parliament regarding the vetting of officials at state-owned entities (SOEs).

This comes after SSA failed to appear before the Standing Committee on Public Accounts (Scopa) to update them about the vetting of SOE officials.

SSA, which is under the Presidency, wrote to Scopa last week informing the committee that it had obtained legal opinion that stated that the agency would report to Parliament’s Joint Standing Committee on Intelligence (JSCI) in a closed meeting.

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Addressing the media during a press conference on Friday, Gungubele said he understood that Scopa had a “genuine concern” and was only performing its oversight function.

“What people don’t understand is that once portfolio committees in Parliament have two contradicting opinion on how we should account as ministers, you need that to be clarified so when you act – you act in line with the law,” he said.

“Sometimes I go to account when they are not available. I understand their concern and I wish it can be resolved. It’s not about us not wanting to account.”

Legal opinion

On Wednesday, Scopa received a legal opinion which concluded that SSA had no grounds to withhold information.

Parliament’s chief legal adviser, Zuraya Adhikarie told the committee during a meeting that it was empowered by law to request the update on the vetting of employees of SOEs.

“To argue that such update is part of accountability to the JSCI as the minister is doing, could lead to a situation that is inconsistent with the Constitution and the requirement to maintain oversight of all organs of state,” Adhikarie said.

She said while accountability for the financial statements and related matters of SSA may reside with JSCI, Scopa may request documents from the agency to fulfil its oversight mandate.

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Scopa has since decided to request Gungubele and SSA to appear before the committee on 30 November.

In an event where the minister and the agency fails to do so, a subpoena will be issued to summon both parties.

The vetting process is a result of a 2014 Cabinet resolution which directs that there must be background checks on all supply chain management (SCM) officials as a measure to prevent crime, fraud and mismanagement of state funds.

In a previous meeting last month, it was revealed to Scopa that only five of 21 senior Eskom executives had been vetted, while the vetting status of the other executives was still “in progress”.