!['I don't have a choice to be investigated or not' over VBS loan' - Simelane [VIDEO]](https://media.citizen.co.za/wp-content/uploads/2024/09/Thembi-Simelane-2-1.jpg)
Justice Minister Thembi Simelane and Democratic Alliance (MP) Glynnis Breytenbach. Deputy Justice Minster Andries Nel is at the back. Picture: GCIS
Embattled justice minister Thembi Simelane said she will welcome any investigation into whether she benefited from the Venda Building Society (VBS) mutual bank.
Appearing before Parliament’s justice committee on Friday, Simelane was adamant that there was nothing untoward about the private loan of R575 600 she received from VBS to open a coffee shop when she was the mayor of Polokwane in 2016.
Last week, the Hawks executed a search and seizure warrant on Simelane’s former personal assistant, based at the Polokwane municipality, to secure possible evidence of corruption linked to the municipality’s R349 million investment with VBS in 2016 and 2017.
Simelane told the committee she has nothing to hide.
“I don’t have a choice to be investigated or not. So, definitely I will welcome it. Actually I don’t even have to be consulted by the way. Police don’t consult like that.
“They don’t come to your door and say ‘ hi dear madam we’re asking to investigate you, madam I will come back,’ no it doesn’t work like that and it can’t happen in this instance.
“I’ve just heard from you now about the raid, I’m not even aware about it and if you look at [it], a raid gets to be approved by a judge, if it’s a legal raid. So, if I have this influence, the raid you are taking about, shouldn’t have happened,” Simelane said.
ALSO READ: Thembi Simelane denies ‘improper relationship’ with VBS fixer
A copy of the warrant, dated 29 August 2024, and a copy of the affidavit filed by Colonel Anton White of the Hawks in Limpopo in support of the warrant reveals that a case relating to the R349 million the Polokwane municipality invested with VBS between 2016 and 2017 was registered in November 2019.
The investigations focused on a possible violation of the Municipal Financial Management Act, possible corruption and possible money laundering in alleged contravention of the Prevention of Corrupt Activities Act.
Simelane allegedly took a R575,600 “commercial loan” from Gundo Wealth Solutions, a company that brokered unlawful investments of R349 million by the Polokwane Municipality into the now-defunct VBS Mutual Bank.
Gundo Wealth Solutions is owned by Ralliom Razwinane.
Simelane used the “loan” to buy a coffee shop in two transactions in October 2016. The payments appear linked to kickbacks received in exchange for large deposits by Polokwane Municipality into VBS.
Earlier, Simelane told the committee that despite the fact that Polokwane municipality had invested R349-million in VBS through the same fixer who arranged her loan, Gundo Wealth Solutions, there was no conflict of interest.
“I would like to affirm that there was no improper relationship, I requested for a loan, a loan was advanced,” she said.
“Much has been said about the conflict of interest to the position I now hold. The Department of Justice and Constitutional Development plays no roles in decision-making by the NPA [National Prosecuting Authority] on who to prosecute or not,” Simelane said.
Simelane aid she had sought the loan for a private commercial venture in 2016 because she “wanted to create employment opportunities for myself and my next of kin”, which her position as Polokwane mayor did not allow owing to anti-nepotism regulations.
ALSO READ: Thembi Simelane ‘may not survive’ VBS allegations – analyst
The minister said she had initially intended to withdraw money from her retirement savings to finance the coffee shop.
“I experienced difficulties because of the cost and the charges … The percentage of tax was making the whole idea not feasible.”
Simelane insisted that the fact that she repaid the loan was evidence that no wrongdoing was committed.
“On the matter of taking the loan, I’ve dealt with the allegations of conflict and my understanding was that if you ask for assistance on someone who does not have a direct bearing or payment from the municipality, it is possible and I repaid it back.
Simelane said the contracts and proof of payment are in her report to President Cyril Ramaphosa.
However, MPs were not satisfied and requested that Simelane produce the loan agreement she signed with Gundo, which she did not bring to the meeting.
Simelane explained that the loan has always been characterised as a loan and “not a kickback.”
ALSO READ: Thembi Simelane VBS matter will ‘not be swept under the carpet’ – Ramaphosa
Democratic Alliance (DA) MP Glynnis Breytenbach grilled Simelane on the VBS Bank loan saying when one considered the interest Simelane ultimately paid Gundo when she repaid the loan, the decision to take money from the company became baffling.
“You negotiated a loan with an entity doing business with your [municipality] who was not a registered financial services provider, and did you at any stage attempt to get an arm’s length, proper, ordinary commercial loan from a bank? Your own bank, wherever you bank?
“Why did you get a loan from them? What was so attractive about doing business with Gundo, particularly bearing in mind the really extortionate, if your figures are correct on a loan of R575 600, you paid interest of R274 399, which is practically 50%, it works out to 47% interest on a loan in the bigger scheme of things is not even huge. Why would you enter into such a one-sided transaction” Breytenbach said.
Breytenbach said she believed Simelane should step aside, stopping short of calling for her resignation.
ActionSA MP Athol Trollip said Simelane’s appearance before Parliament’s justice portfolio committee to address her dodgy VBS-linked loan was just a “talk shop that raised more questions than answers”.
“As long as she has a cloud hanging over her head, about possible or alleged corruption, she cannot serve as the minister of justice and should do the honourable thing and resign or be placed on suspension.”
ALSO READ: Thembi Simelane won’t be shielded from VBS allegations, says her deputy [VIDEO]
Parallel to the meeting, the department of justice said Simelane firmly “denies any allegations of wrongdoing and is committed to cooperating fully with all inquiries”.
“She has repaid the capital investment in three instalments from her personal FNB account, including over R250 000 in interest. The minister has assured the portfolio committee of the existence of proof of payment,” the department said.
On Tuesday, President Cyril Ramaphosa said the allegations surrounding Simelane over the explosive VBS allegations against her will not be “swept under the carpet”.
“The issue of the minister of justice, that is a matter that we’re dealing with, and I would say that as President, I do need the space and the time to be able to deal with this matter, and certainly the matter is being dealt with as I indicated some few days ago.
“So it’s not a matter that’s going to be swept under the carpet. It’s been dealt with. So, be rest assured, the matter is being addressed,” Ramaphosa said.
On Wednesday, Deputy Justice Minister Andries Nel also said Simelane, will not be shielded from accountability over the allegations.
Nel said Simelane had made it clear that she would fully cooperate with all relevant law enforcement agencies and other constitutional bodies.
Despite the dark cloud hanging over her head, there was some light-hearted banter during the meeting at one stage.
Simelane joked with MPs: “The sun shines even on difficult days”, and told Trollip he was looking at her like he was her father.
ALSO READ: Former VBS boss Matodzi accuses Malema and Shivambu of ‘fleecing millions’ from bank
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