Seven things the ANC has kept mum on

JUNE 3, 2015

The ANC has kept mum on some of the biggest issues facing the country's state institutions. Here are seven things the ANC, as a political party, has decided not to weigh in on:


The ruling party has kept mum over controversy surrounding NPA boss Mxolisi Nxasana and Deputy National Director of Public Prosecutions Nomgcobo Jiba.

Nxasana left his position at the prosecuting authority this week after reportedly receiving a golden handshake.

An inquiry into Nxasana's fitness to hold office was cancelled last month for reasons unknown.

The NPA has been through five bosses since 1998 and one acting head.

It now has a second acting head, Mashau Silas Ramaite, who is taking over since Nxasana's departure.

The inquiry into Nxasana was to have considered "certain facts", including that in the lead-up to his appointment by President Jacob Zuma, he allegedly failed to reveal aspects of his past which came to light during a security check after his appointment.

This included assault charges and a murder charge, of which Nxasana was acquitted on the grounds of self defence. He was also reportedly involved in a traffic matter and was the subject of a complaint to the Law Society of KwaZulu-Natal.

Nxasana was also expected to explain to the commission why he had made media statements that allegedly undermined the office of the NDPP or brought the NPA into disrepute.

Jiba is facing charges of alleged fraud and perjury for the failed prosecution of KwaZulu-Natal Hawks boss Johan Booysen.

In March, she allegedly refused to accept a summons for her to appear in court on the charges.

She appeared in the Pretoria Commercial Crimes Court on April 21, where her advocate, Zola Majavu, reportedly told the court there were serious irregularities related to the summons and that Taioe, as the investigating officer, told him the investigation was not complete.

There have been calls to have Jiba disbarred.


Hawks boss Anwa Dramat and Gauteng head Shadrack Sibiya were both suspended from the unit following allegations that they were involved in the rendition of five Zimbabwean nationals.

Dramat has so long resigned after reaching a settlement agreement with Police Minister Nathi Nhleko.

In January, Sapa reported that the High Court in Pretoria ruled that Dramat's suspension was "unlawful and invalid".

Judge Bill Prinsloo also ruled that Nhleko's decision to appoint Major General Berning Ntlemeza as acting national Hawks head was unlawful and invalid.

Nhleko took the matter to the Supreme Court of Appeal but his bid was dismissed.

Dramat was suspended on December 23, 2014.

Sibiya was suspended in January this year.

The matter was also taken to court where it was found that his suspension was unconstitutional, invalid and unlawful.


Executive director of the Independent Police Investigative Directorate (Ipid), Robert McBride, was suspended after a year in the job.

McBride was suspended in the fallout related to a Sunday Times report on the alleged rendition of Zimbabweans by the Hawks. A subsequent investigation by Ipid apparently produced two reports.

McBride is also facing disciplinary proceedings.

He will be challenging his suspension in the High Court in Pretoria towards the end of August.

The case will be a constitutional challenge on whether Nhleko has the power to suspend the head of the independent unit, which investigates allegations of misconduct against police officers.


The SA Revenue Service (Sars) has been rocked by allegations of a so-called rogue unit which saw a number of resignations and suspensions of top officials in the revenue service.

Deputy commissioner Ivan Pillay and head of strategic planning Peter Richer were both suspended last year and fought this in the labour court which overturned Sars's decision.

Later, Pillay and Richer resigned from Sars.

There have been allegations that the rogue unit spied for President Jacob Zuma.

The Mail&Guardian reported that the unit had spied for President Jacob Zuma. This was in contradiction to earlier reports from other newspapers that it had spied on Zuma.

The unit was reportedly set up in 2007 to assist Sars with high-risk tax, customs and smuggling investigations.

The Sunday Times reported that a former Sars agent had confirmed illegally bugging the offices of the National Prosecuting Authority (NPA) and spying on matters related to the corruption case of former police head Jackie Selebi.

Although the party has not commented on this, Mantashe told Beeld newspaper in an interview last year that he was worried about disruptions at Sars.

Marikana report

The report from the Farlam Commission of Inquiry into the shooting of 36 mineworkers at Marikana in 2012 was handed to Zuma at the end of March.

The report has not been made public despite outcry and insistence from the injured and arrested miners and other groups and threats of court action.

Zuma has said he was studying the recommendations in the Marikana report and will decide what to do about them before the document can be made public.

Last month he finally announced that the report would be made public by the end of this month.


South Africa is alleged to have promised to pay former Fifa vice president Jack Warner $10m for his support for the 2010 bid.

It was not possible to pay the money from SA government funds, so the money was allegedly deducted directly from a $100m payment Fifa made to South Africa to help finance the hosting of the tournament, thereby concealing the alleged bribe.

Warner has been arrested and indicted by the FBI in the US in connection with alleged corruption.

According to weekend reports, SA Football Association (SAFA) President and new Nelson Mandela Bay metro mayor Danny Jordaan knew about a transfer of $10m around the time South Africa won the bid to host the 2010 FIFA World Cup.

Jordaan, who was the 2010 LOC chief executive, said that the $10m was paid to the Confederation of North, Central American and Caribbean Association Football (Concacaf) in 2008 as South Africa’s contribution towards their football development fund, according to the report. Warner was at the time president of Concacaf.

High profile politicians were on the 2010 LOC.

Sport Minister Fikile Mbalula has denied that any bribe was paid.

According to the US indictment, two high-ranking South African football and government officials are accused of offering cash for votes in order to secure that the World Cup will be held in South Africa.

The two officials were part of the 2006 and 2010 South Africa World Cup bid committee.

Police Minister's Nkandla report

Last week, Police Minister Nathi Nhleko released the final report into the upgrades at the president's KwaZulu-Natal homestead.

Nhleko told reporters in Cape Town that Zuma was not required to pay back any money.

He said the upgrades that included a pool and cattle kraal - slammed by opposition parties as lavish and wasteful - were legitimate security features.

Nhleko's report was contrary to Public Protector Thuli Madonsela's report Secure in Comfort, released in March 2014, which found that he had to pay back a "reasonable" portion of the money spent on upgrades not related to security.

The ANC's parliamentary caucus commented on the Nhelko's report but the ANC as a party has not commented.