Scopa chairperson Mkhuleko Hlengwa. (David Harrison/M&G)
Parliament’s standing committee on public accounts (Scopa) will invoke its right to summon the State Security Agency (SSA) to report to parliament on its vetting processes at state-owned enterprises (SOEs).
Scopa made the unanimous decision on Wednesday, in the event that the SSA fails to appear before the committee.
The committee requested a legal opinion after Minister in the Presidency Mondli Gungubele made a U-turn by declining an invitation for deputy minister responsible for state security Zizi Kodwa to report to Scopa last week.
Gungubele indicated that the requested briefing on the vetting of officials “will be provided to the joint standing committee on intelligence (JSCI), as the relevant parliamentary committee responsible for overseeing the intelligence, counter-intelligence functions, and the administration of the services”.
Scopa chairperson Mkhuleko Hlengwa said the committee had considered Kodwa’s correspondence but did not agree with it, adding: “He is invited to come and report. If they fail, the committee will exercise its right to subpoena.”
Senior legal adviser Frank Jenkins briefed parliament that it was within its rights to initiate a process to summon the minister to provide the requested information.
To fulfil its oversight functions, he said, “Scopa is empowered by law to request the update on the vetting of employees of SOEs”.
“To argue that such an update is part of ‘accountability to the JSCI’ as the minister is doing, could lead to a situation that is inconsistent with the Constitution and the requirement to maintain oversight of all organs of state,” Jenkins added.
He acknowledged that the Intelligence Services Oversight Act provides that specific matters must go to the committee but said the progress of vetting officials employed by SOEs was not exclusive to the JSCI.
The SSA’s vetting of public officials has, for years, been scrutinised by Scopa. In 2019, the SSA painted a grim picture of its capacity to investigate the trustworthiness of senior government officials and executives at SOEs.
That year, the SSA briefed Scopa about the progress in vetting public officials after the parliament committee demanded the vetting of senior government officials and executives of SOEs involved in procurement spending which amounted to billions. Scopa was told that out of 121 senior employees at power utility Eskom, only 21 had complied with the vetting process.
At Wednesday’s briefing, national director of public prosecutions Shamila Batohi, told the committee that vetting was also a “perennial problem” within the National Prosecuting Authority (NPA).
She explained that when officials did not have top secret clearance, they could not access certain key documents needed for investigations. Batohi however assured parliament that the NPA had been engaging with the SSA and there had been “some movement” with certain key positions in the NPA and in expediting the vetting process within the authority’s Investigating Directorate (ID).
Status of investigations under Hawks and NPA
Also on Wednesday, the Directorate for Priority Crime Investigation (the Hawks) briefed Scopa on its investigations into various SOEs and state departments.
The Hawks are investigating 54 cases at Eskom involving more than R3.5 billion. Thirteen cases, valued at R327 million, have been finalised. The bulk of cases under investigation relate to fraud, corruption, theft and tampering with essential infrastructure.
The Hawks are also investigating 12 cases at the Passenger Rail Agency of South Africa involving R6.3 billion. One case has been finalised.
A total of 10 cases are currently under investigation at the department of water and sanitation valued at more than R3 billion. Two cases valued at R244 million have been finalised.
Batoyi told the committee that “the tide is turning, impunity is no longer a given” as greater collaboration between multiple entities such as the Hawks, the NPA, ID and the Special Investigating Unit start to pay off.
NPA deputy director advocate Rodney de Kock told parliament that a recent memorandum of understanding had been put in place to ensure continued collaboration among the entities.
“By drawing on our respective strengths, we can tackle corruption from various angles, and
therefore more effectively. It’s not a competition, it’s a team effort,” De Kock said.
Batoyi said while the fight against corruption was far from over “the wheels of justice are now turning and will gain momentum. Our actions demonstrate that impunity is no longer a given; we are confident that the rule of law will prevail.”
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