Zweli Mkhize’s slap on the wrist telling

SA’s constitutional democracy is never found wanting when it comes to organs meant to conduct the necessary oversight over the executive.

Among these is parliament and the various portfolio committees, empowered to summon any member of Cabinet, civil servant or a CEO of a state-owned enterprise to account on the spending of taxpayers’ money.

But a disturbing development occurred this week, when parliament’s joint committee on ethics and members’ interests, cleared former health minister Dr Zweli Mkhize of allegedly benefitting from the multimillion-rand irregular Digital Vibes tender.

This shocking decision – amid an ongoing probe by the Special Investigating Unit (SIU) into the irregular expenditure by the health department, which led to Mkhize last year resigning and being replaced by his capable deputy, Dr Joe Phaahla – smacks of yet another cover-up by ANC MPs who chair one of the
most important parliamentary committees.

ALSO READ: Zweli Mkhize cleared by Parliament in Digital Vibes scandal

The SIU has argued before the Special Tribunal that the R150-million Digital Vibes contract was “a money laundering scheme” designed to siphon public funds to Mkhize’s family. It laid bare how Mkhize’s son and wife, benefitted from money that could be traced to the questionable tender.

In clearing him of any wrongdoing, the acting registrar wrote to Mkhize, saying it considered the complaint that his son received benefits from Digital Vibes “to the alleged amounts of R300,000 and R160,000” – noting that Mkhize benefitted an amount of R6,720 for electrical work done by 4Way Maintenance at his Cranbrook property in Bryanston.

“The committee noted that your son is an adult, married individual who is not financially dependent on you. In this regard, the provisions of the code cannot be applied to hold you, as the member of parliament, liable for the alleged benefit received by your son,” declared the registrar, closing off the Mkhize matter, filed by DA health spokesperson Siviwe Gwarube.

What a slap on the wrist for Mkhize, an ANC leader who is trying hard to shrug off the scandal ahead of the national elective conference in December, where he hopes to emerge as leader. Is it not a conflict of interest for your son to be a beneficiary of a tender, in a government department you lead?

Compromised ANC MPs in parliament were once raised by Chief Justice Raymond Zondo during hearings of the Commission of Inquiry into State Capture. Zondo raised the possibility of a constituency-based electoral system, allowing voters to directly elect their MP – a potential safeguard for parliamentary oversight.

This, said Zondo, would serve to liberate MPs from being beholden to a party line, particularly when it came at a cost to the country.

In calling for electoral reform, Zondo observed how ANC factionalism and politics stifled and stalled parliament’s constitutional responsibility of holding the executive to account.

Despite Jacob Zuma’s glaring weaknesses during his tenure as president – especially his relationship with the infamous Gupta family – the ANC caucus instructed its MPs in 2017 to vote against a no-confidence motion in him.

Baffled by MPs’ decision of following a party line – although the Constitutional Court had earlier ruled obligation to country trumped party – Zondo found the oversight function was being diverted to serve narrow party interests.

ANC MPs have done it again.