Deputy president says he will not interfere on who is prosecuted

Deputy president David Mabuza told the National Council of Provinces (NCOP) today during his maiden question and answer session in the house that in his capacity as the second in command in the country, he cannot interfere on who is investigated by the country’s law enforcement agencies and is prosecuted.

Mabuza was answering a following up question by the Economic Freedom Fighters (EFF) which sought his assurance and commitment that cases, especially those of murder linked to corruption at state-owned entities would be reopened, investigated and those found guilty are prosecuted.

He said his interference as deputy president on who should get prosecuted would be seen as political meddling in the working of law enforcement agencies.

“My duty is to go to a police station and say, ‘I’ve seen someone killing someone,’ and I tell a police officer at the station. No one is above the law, so if we see any wrongdoing lets take it upon ourselves as compatriots, as people who love our country who want to fight corruption, who want to fight criminality, to report such incidences to our law enforcement agencies and there is no one who will be taken lightly,” he said.

Mabuza was giving an oral reply to a question posed by the Democratic Alliance on whether he has taken any steps to stop the alleged criminal activities and prevent further looting and stealing of state funds at state-owned enterprises as the chairperson of the Inter-Ministerial Committee on State-owned Enterprise Reform and if not, why not; and if so, what steps had he taken.

“I think as a country, South Africa, we are a democratic country, we have tried very hard to create all the institutions that we need that will ensure that our democracy functions very well. Firstly, we’ve got a constitution that is a supreme law and below the constitution, we’ve got the judiciary, we’ve got all security structures that will detect any crime, arrest a person and that person will be presented to the judiciary and that person must answer,” he said.

Mabuza said recent actions taken by the State at Eskom to strengthen governance and root out corruption and restore the power utilities’ financial position are the first steps at ensuring that corruption in state-owned entities is eradicated.

“Criminal justice institutions have been taking initiatives that will enable us to deal effectively with corruption,” he said.

The deputy president said the Commission of Inquiry into state capture is important as it would ensure that the extent and the nature of state capture are outlined and that confidence in public institutions is restored and that those responsible for any wrongdoing are identified.

“The incidences of maladministration at our state-owned companies that have been covered widely in the media is something that as the government we take seriously,” he said.

Mabuza said where criminal and forensic investigations had been conducted steps have to be taken to ensure that those identified as wrongdoers at the board and executive levels are removed from their positions through the proper channels such as suspensions and disciplinary hearings.

“We have had some of these individuals opting to resign from their positions before disciplinary hearings could sit to determine their guilt,” he said.

He said the country’s criminal justice system would pursuit these individuals to ensure that wasted resources are recovered and that these individuals are declared delinquent directors and barred from serving on the boards of state-owned enterprises in the future.

“With regards to the matter of criminal cases, a lot of work is unfolding to go through the forensic investigation report commissioned in the last five years to identify instances where the full might of the law was not unleashed on those that have wasted limited public resources, and further investigations will be undertaken to ensure that those cases that have been overlooked are urgently attended to,” he said.

Mabuza said as this process unfolds criminal cases will certainly be opened against those found to be guilty of wrongdoing and that government is committed to fixing the situation.

“People are going to appear in court, they are going to respond. A commission of inquiry is a tool that we use, that’s why its chaired by a judge; if you are found guilty there, you are guilty. That is the platform that we have set,” he said.

He called for patience as probes into maladministration at state-owned entities is a step in the right direction which he is certain would result in the arrest of guilty persons.

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