/ 20 January 1989

A lesson from Sol: it’s OK if it’s over the Kei

That's the message of this week's extraordinary series of corruption exposes. Stories of corruption in South Africa have been rife for some time, particularly in relation to the homelands. This week, however, it became clear for the first time how acceptable these practices have become. Hotel magnate Sol Kerzner this week blandly admitted giving R2-million to a homeland leader in order to secure casino rights in the Transkei.

A year ago, he and his company had indignantly denied reports of this, and had forced one newspaper to withdraw such a report and apologise. In an extraordinary move this week, the company boards on which Kerzner serves – Safren, Kersaf Investments and Sun International – resolved unanimously to give him their full support. And the Johannesburg Stock Exchange said it would take no action against Kerzner. "We have a very limited jurisdiction," JSE president Tony Norton said.

The Harms Commission found, in its first report this week, that MP Peet de Pontes had abused his political influence and his professional position as an attorney, and recommended that criminal charges be investigated. The commission said there was evidence that De Pontes had committed several crimes, including contraventions of the Immigration Act, fraud, corruption, theft of trust money and perjury. De Pontes was booted out of the National Party, but he is still an MP  – and there is no formal provision for throwing him out of parliament. A similar situation exists with disgraced Hillbrow MP Leon de Beer. Found guilty of electoral fraud and sentenced to two years’   imprisonment, he remains an MP while an appeal is considered.

Similarly, House of Delegates leader Amichand Rajbansi was directly implicated in corruption by the James Commission. He lost his cabinet post, but is holding on to his seat in parliament and his influence. These four cases have raised a simple question: what do MPs and businessmen have to do to face the censure of their colleagues? Kerzner has argued in his defence that it is not an offence to make a payment to a "foreign official" and that in terms of South African law it is not policy "to seek to regulate the affairs of a foreign state". However, he could still be in trouble. Transkei's new anti-corruption leader, General Bantu Holomisa, said this week that the matter would be investigated fully. Kerzner could be charged in the Transkei -and that territory has an extradition treaty with South Africa. 

Louise Flanagan reports that an MP can be accused of abusing both his political influence and professional position, be facing civil claims and be thrown out of his political party – but remain in parliament. Several top parliamentary officials believe both MPs' seats are still safe and none of them know of a parliamentary right to terminate an MP's membership. Secretary to parliament, GPC de Kok, said the only method of disqualification was stipulated in the constitution -there must be a conviction. In terms of the constitution, an MP automatically loses his seat if he is convicted of an offence and sentenced to more than a year's imprisonment without option of a fine. Until this happens, the constitution does not allow for any action to be taken against him.

As another senior National Party parliamentary   source who did not I wish to be quoted explained, there are only four ways an MP can lose his seat: if he resigns, is voted out, is disqualified through a year-long prison sentence or dies. The only action which officials claimed parliament could take is to suspend the MP from the relevant house, as happened to Amichand Rajbansi. There is no limit to the length of such a suspension. Both National Party MP for East London North, Call Badenhorst, and Cape general-secretary for the party, Sakkie Pretorius, said that De Pontes was morally but not legally bound to resign. However, there may be an informal provision, which could be used against De Pontes and De Beer.

Head of the PFP's research department Professor Nic Olivier said this week parliament has  "the inherent right to terminate a person's membership. "It's not provided for in the rules and orders," said Olivier, "but it's a convention." He said this convention had been used in both England and Australia. Olivier said it was not clear whether all three houses of the South African parliament would have to act togeth­er, but he thought that a committee would have to be appointed as a result of a motion. Such a committee would investigate allegations and then make recommendations.

Now PFP leader Dr Zac de Bee says his party may take advantage of this method. "I think this is something we should study intensively and consider whether it's right to do something," he said. East London City MP De Pontes ha been at the centre of a row ever since allegations around his links with convicted drug smuggler Vito Palazzolo started last year. There have been repeated calls for his resignation. De Pontes has refused to resign, saying he wants to clear his name in court. However, he has now announced that he will not stand for re­ election. He is also currently involved in a civil case being brought by another local lawyer, who alleges that De Pontes grossly overcharged some of his clients.

* This week's developments also drove home the picture of the homelands as hotbeds of corruption. Several other prominent East Londoners were also implicated in the Harms Commission report around activities in the Ciskei. The report recommended   that charges ranging from fraud to corruption also be investigated against Ciskei's; former ambassador plenipotentiary Douw Steyn, former East London mayor Robert de Lange and former city councillor Phillip Rothbart. The report also slammed the apparent willingness of Ciskei officials to involve themselves in corrupt dealings. It said there was information pointing at "high level corruption" in Ciskei. Kerzner's statement explaining his position was based on the argument that corruption was an accepted homeland practice. 

This article originally appeared in the Weekly Mail.