/ 16 May 2005

M&G ‘fails our young constitutional democracy’

Reasons that are fundamental to the building of our South African nation and democracy compel me to respond to the Mail & Guardian‘s report and editorial (“Housing scandal man advising Sisulu”, April 29). To question my appointment of Saths Moodley as a special adviser, the M&G highlighted his role in 1997 as chairperson of the Mpumalanga housing board, which approved a contract to Motheo.

First, I support the important principle that people in positions of leadership — whether in the public or the private sector– are expected to take responsibility for any wrongdoing in the institutions they lead. This is a key principle of good governance and corporate responsibility that the government upholds. To the extent, then, that there was any finding by the auditor general and the Dreyer commission of irregularity for which Moodley was blamed in his position as chairperson of the Mpumalanga housing board, I could have no bone to pick if it is accurately pointed out that he should have exercised more care and scrutiny during his tenure. Unfortunately, the M&G went beyond this and directed aspersions that go well beyond reminding us of this principle.

Secondly, the M&G took the auditor general and the Dreyer commission’s criticism of Moodley and turned it into a finding of guilt for some unstated crime. All of us have the right to the presumption of innocence. This provides an important safeguard against arbitrary justice based on suspicion and allegations. I can, therefore, never consider it fair that criticism should be elevated to the level of a breach of law.

Thirdly, the public protector and the auditor general are constitutional offices whose work ought to enjoy respect from all of us to help strengthen democracy. They should be protected from gratuitous misrepresentations. The reports of both institutions never found Moodley guilty of corruption. I encourage the public to read the reports so as not to be misled by the spin the M&G gave to the findings on what Moodley should have done or did not do.

Fourthly, and for me this is the crux of why the M&G consistently fails South Africa’s young constitutional democracy: we are being called on to tear into pieces the founding values that have made South Africa a shining light in a world that puts revenge before humane punishment and the correction of those who do wrong to society. Even assuming, for the sake of argument, that Moodley was found guilty of wrongdoing and was therefore subjected to appropriate sanction, the question arises whether his unquestionable expertise and professionalism in housing should be eternally haunted and destroyed?

Surely, this is not the choice South Africa made in moving from apartheid to a humane society based on human dignity, democracy and justice. More than once, our Constitutional Court has reminded us that wrong-doers do not cease to be human beings and do not deserve to be trashed or dumped.

Why, therefore, is the M&G failing to build on this? Instead it spreads hostility and vindictiveness towards those who are seen to be close to the African National Congress or the government. I sincerely hope that, as we grow with every experience, the M&G itself will grow beyond this image.

I made an informed choice to appoint Moodley as my special adviser. This was based on his expertise and professional attributes. I was very much aware of the reports of the auditor general, the Dreyer commission and the public protector when I made the decision. In addition, I was guided by the founding values of the ANC and our new nation.

Lindiwe Sisulu is Minister of Housing