MPs left fuming as Nzimande requests that NSF graft report be kept confidential

A letter from Higher Education Minister Blade Nzimande asking members of Parliament’s Standing Committee on Public Accounts (Scopa) to keep under wraps the National Skills Fund (NSF) graft report drove the MPs up the wall on Tuesday, with some accusing the department of undermining Parliament.

Members of Scopa expected to be briefed by Nzimande on the investigation outcomes at the department’s entity NSF, where alsmost R5 billion couldn’t be accounted for in the past two financial years.

However, the minister and his deputy Buti Manamela again failed to pitch.

The meeting over the contentious NSF report was postponed at least three times before. Last month, the sitting was postponed to this week after MPs were told that Nzimande was overseas and unavailable to appear before them.

Director-general Nkosinathi Sishi attended but didn’t delve into the report in lieu of Nzimande’s request that it be put off.

According to Scopa chairperson Mkhuleko Hlengwa, he received a letter from Nzimande in the morning while he was preparing for the committee meeting. In it, the minister said internal processes against those who’ve been implicated in the multi-billion Rand corruption at NSF haven’t been concluded, asking Scopa to shelf the report again.

“Whilst we appreciate that all documents before your committee are open to the public, we however request that all processes before law enforcement and internal disciplinary processes be concluded.

“The report should be treated in terms of rule 189 of the National Assembly, especially when read with sub rule 1C, and sub rule 4A….we don’t want to violate people’s rights to a fair trial,” Hlengwa read out Nzimande’s letter.

Section 189 deals with publication of committee proceedings and reports presented before them.

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‘Minister cornering us into secrecy’

Hlengwa said Nzimande’s letter was referred to Parliament’s legal team for advice on how to proceed. The response is expected by the end of Tuesday.

However, Scopa members were adamant that the now six-month-old report was never declared confidential by them, and can therefore be released to the public and discussed.

Economic Freedom Fighters (EFF) MP Veronica Mente said allowing the department to keep shifting accountability and agreeing with Nzimande to “swear to secrecy” could set a precedent.

“We cannot accept that section 189 rule is not relevant to this matter. The information placed before the minister is regarding public funds. A sensitive issue because AGSA [Audito-General SA] cannot audit and let South Africans know about how their money was spent.

“The status of NSF is already chaos, a mess that is going on in higher education, and so is also of public interests. That investigation was done by a credible institution appointed by the same department.”

She urged fellow MPs not to be party to “sealing corruption and information from the public.”

“Literally, we’ve been sworn into secrecy by department – keep the document with yourselves, do not think anything about it – we are sitting here with media and the public and we are swearing ourselves into secrecy. It’s wrong, we can’t do it.

“If the report is out, it’s out. Like you said, chairperson, a legal opinion is not binding, it’s advice. The dept was not doing anything about NSF, not even the portfolio comm requested that they do something about this,” said.

Democratic Alliance (DA) MP Robert Lees said seeking legal opinion was not a requirement in the functioning of Scopa.

“My concern is that that legal opinion will give a reply contrary to what some of us are saying here. The majority on this committee may well decide to invoke the rule [Section 189] and declare the report confidential.

“I reserve my rights if that happens, chairperson, and as the party, we reserve our rights. Without prejudice, the DA will go along with the seeking of legal advice.”

ANC MP Bheki Hadebe lambasted the department for “deliberate suffocation of committee.”

“The department has been sitting with the report for more than six months now. If they say they need time, it’s up to us to prescribe that time period…they had more than six months to conclude, finalise and consult…They are consulting the entire nation.

“They must be given until the 4th quarter, we determine the date ourselves. It’s unacceptable, they’re taking the committee for granted by sending letters [at] the eleventh hour, we cannot tolerate that. This is a deliberate attempt to suffocate this committee from executing its mandate.”

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‘Department’s ambush’

Hlengwa postponed the sitting to Wednesday to allow the legal department time to produce advice on Nzimande’s letter.

He accused the department of ambush tactics.

“I find it very unacceptable for the department to place us in this position at a late hour such as this one. This amounts to some sort of trap, an ambush.

“This investigation was commissioned at our behest, it was not a voluntary act from the department. It was us after realising that the extent of problems at NSF is becoming a vicious cycle. If there is one thing I hate is for Scopa members to be ambushed, I know the amount of work they put in.

“Can I say, DG Sishi, please don’t do this to us? I know that MPs need to be available any time, day or night to discharge their responsibilities, but this approach to things which are of grave legal importance sets us in a difficult corner. This prolongs our work, it’s not the kind of interaction we should foster between the legislature and the executive.”

The committee will reconvene on Wednesday to hear the lawyers’ legal opinion on the matter.

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