More terror for Lekota

Minister of Defence Mosiuoa Lekota, who faces a disciplinary inquiry by the African National Congress for failing to declare his business interests, is also facing a probe by the public protector.

The public protector’s probe, which was requested by the Democratic Alliance this week, and the ANC internal disciplinary inquiry, closely follow the parliamentary ethics committee’s finding that Lekota failed to declare his wine and fuel businesses.

The ethics committee sanctioned Lekota last week after the Mail & Guardian revealed the ANC chairperson’s undisclosed business interests in Landzicht winery and BZL Petroleum.

Following the committee’s finding, the ANC’s national executive committee (NEC) last weekend referred the matter to its national disciplinary committee.

ANC secretary general Kgalema Motlanthe this week said the party would move quickly to discipline Lekota because he was “no ordinary member”.

In a statement the party’s NEC warned its public representatives that failure to adhere to Parliament’s codes would result in internal disciplinary procedures.

“All allegations of misconduct — whether they arise in Parliament, in the justice system or within the ANC itself — should be subjected to due process,” the statement read.

Motlanthe said the NEC had so far written to the disciplinary committee, which is chaired by Minister of Education Kader Asmal, asking it to initiate the process against Lekota.

Ironically Lekota is the only other office-bearer who sits on the disciplinary committee, which needs to have at least three members present to constitute a quorum.

The disciplinary committee has to act within six months after it has delivered the charge to the member being disciplined. Penalties that can be imposed on the member include a public reprimand, fine and/or performance of a useful task (the party’s equivalent of a community service sentence), suspension and expulsion.

Senior ANC members who spoke to the M&G this week said Lekota’s case would determine whether the disciplinary committee had the mettle to deal with senior party members.

Former ANC chief whip Tony Yengeni is also facing the committee for failing to disclose financial interests.

At the same time the Lekota case would be the first major test for the newly elected Public Protector, Lawrence Mushwana, a former ANC MP. Mushwana will investigate the case and make recommendations to President Thabo Mbeki.

Mbeki has remained silent about the matter. His spokesperson, Bheki Khumalo, said the president would state his position on the matter after the “parliamentary process has taken its course”.

Opposition parties asked Mbeki to fire Lekota, saying the defence minister not only breached Parliament’s code of conduct but also contravened the Executive Ethics Code that forbids Cabinet ministers from holding directorships, shares and business interests.

Senior ANC members who attended the party’s NEC meeting at the weekend said Mbeki was part of the meeting that decided to refer the matter to the party’s disciplinary committee, but was apparently quiet during the discussion.

An NEC member said: “There was widespread anger among the ordinary members.”

Lekota, another NEC member said, appeared to be “very embarrassed” when he addressed the meeting. “The minister did not say anything new. He basically repeated what he has already stated publicly.”

Lekota has publicly conceded that he did not disclose his business interests. He addressed the ethics committee on the matter last week. The committee tabled its report on the matter to Parliament this week. In the report, Lekota disclosed new interests, including residential properties.

He also admitted to having been credited with a dividend from one of his undisclosed businesses.

Also on the agenda of the four-day NEC meeting was the 2004 general election. An election report was presented and members spent most of the time devising strategies for the elections.

An NEC member said that the discussion focused on efforts to win a two-thirds majority. The ANC failed to get a two-thirds majority in the last election in 1999, but acquired the numbers this year after several members of other parties, including the United Democratic Movement and the New National Party, crossed to it.

However there were no discussions of the ANC-led government’s position on the provision of anti-retrovirals to people with HIV/Aids, nor on Zimbabwe. The two issues are likely to dominate the election campaign next year.

An NEC member pointed out that the concerned ministers — Manto Tshabalala-Msimang (health) and Nkosazana Dlamini-Zuma (foreign affairs) — did not attend the marathon meeting.