Deputy President Jacob Zuma chaired the meeting of the African National Congress committee that selected the organisation’s representatives to the parliamentary body that is dealing with the public protector’s findings on the National Prosecuting Authority (NPA).
The 17-strong ad hoc committee must “consider and report on” Public Protector Lawrence Mushwana’s highly critical report on National Director of Public Prosecutions Bulelani Ngcuka’s handling of his investigation of Zuma. The report found that the latter’s dignity was compromised.
The report recommends that Parliament take “urgent steps” to hold Ngcuka and the NPA to account for this, and their failure to cooperate with the protector’s investigation.
If the committee upholds the report, it is likely to strengthen the hand of Zuma, who is being investigated by Ngcuka for his alleged involvement in corruption in the country’s multibillion-rand arms deal.
ANC parliamentary spokesperson Vusi “Cuba” Mahaye confirmed that Zuma, who as leader of government business in Parliament chairs the ANC’s parliamentary political committee, failed to recuse himself when the committee considered Mushwana’s report.
The political committee chose the 10 ANC MPs to sit on Parliament’s ad hoc committee considering the report. Mahaye said the report’s substance was not discussed.
The 22-strong political committee includes the speaker and National Council of Provinces chairperson, the ANC chief whips, the parliamentary advisers to the presidency and senior party members.
It was set up to ensure smooth interaction between the party at Parliament and the executive.
It is understood the 311 MPs in the ANC caucus did not discuss the composition of the ad hoc committee.
The issue of a potential conflict of interest did not arise at the meeting on June 2. The ANC regarded discussions as a strictly party matter, not one of public governance.
Some ANC MPs approached by the Mail & Guardian described Zuma’s chairing of the committee as a failure of governance by the party. “There should have been a wall between himself and the decision,” said an ANC MP speaking on condition of anonymity. “It is a move that could raise eyebrows.”
But all ANC MPs approached spoke highly of the chairperson, Ismail Vadi, describing him as a man of integrity with as much independence as is allowed in the ANC. “He is an extremely judicious man,” said a colleague. But, one said that whatever the outcome of the Vadi committee, it had been coloured by Zuma’s decision to oversee the selection process.
Ebrahim Fakir, researcher at the Centre for Policy Studies, said “the ANC can do as it likes”. However, he pointed out that there would be concern about perceptions in such a highly charged matter.
Asked for comment, the deputy president’s spokesperson, Lakela Kaunda, said it was an ANC matter and referred queries to the party and the chief whip’s office.
The ANC selected 10 backbenchers, including three brand new MPs, to serve on the ad hoc committee.
With two possible exceptions — Bertha Gxowa, Women’s League treasurer, and Thandi Tobias, a member of the Youth League national executive committee and national working committee — none is known to be in the party’s inner circles.
There are several options open to the committee, ranging from merely noting Mushwana’s report to accepting it or making alternative findings.
If the report is accepted, there are several ways to deal with Mushwana’s recommendations, including removing Ngcuka from office.
The ad hoc committee’s deliberations have largely centred on the opposition parties’ call for the disclosure of documents without which, they argue, it will be difficult to assess the protector’s findings.
ANC MPs have consistently argued the committee cannot reopen the investigation, adding that the Public Protector Act stipulates that documents in the protector’s possession are confidential.
During Thursday’s committee deliberations ANC MPs were opposed to accepting a submission from the NPA, saying it would be tantamount to re-opening the investigation. They appeared to favour Mushwana’s finding that Ngcuka had failed to cooperate with the protector’s office.