Gauteng minister of education Angie Motshekga is once again in the spotlight for failing to disclose all her business interests to the legislature, as required by law.
One of her undisclosed interests, Kara Heritage Institute, has provided services to another department in the Gauteng administration, and to an agency of national government, raising questions of a general conflict of interest.
Reasons provided on her behalf as to why she did not disclose all her interests also put the spotlight on the issue of spouses’ shared interests and the prospect that this may lead to conflict with official responsibilities.
News that Motshekga did not fully declare comes barely two years after she was forced to apologise to the Gauteng legislature for recommending an empowerment consortium involving her husband, Mathole Motshekga, for a stake in a provincial government contract.
Under the legislature’s code of conduct, all members must disclose their shares and directorships in the register of members’ interests.
In the latest version of the register, published last month, Motshekga declared her shareholding and directorship in Letsatsi Oil and Shipping, Kara Investment, Vitomi, Pula Intertrading and Kagiso.
However, she did not declare directorships in Kara Heritage Institute, Mokgadi Farming Enterprises and Ikageleng Building Constructions.
The activities of Mokgadi and Ikageleng, if any, are unclear. But the Mail & Guardian discovered that Kara Heritage Institute, founded to propagate Mathole Motshekga’s brand of Africanist philosophy, provides services to a department of the Gauteng provincial government and to a national government agency.
Although there is no direct conflict with ministerial responsibilities, questions may be raised about the general conflict that arises when an official in one sphere of government does business with another sphere of government.
Kara Heritage Institute was awarded a R500 000 contract by the National Development Agency (NDA) in 2003 to develop policy on rural development and poverty eradication.
The NDA is accountable to the Minister of Social Development, Zola Skweyiya. Angie Motshekga was the Gauteng minister of social development at the time the contract was awarded. Although Motshekga, as provincial minister, is unlikely to have had any say in the award of the contract to Kara, her involvement in the field at the time could have given her inside information and informal influence. As Skweyiya’s provincial counterpart, Motshekga would have sat with him on the social development MinMEC, the forum that brings together national ministers and their provincial counterparts.
Kara, which is registered as a non-profit entity, has also provided services to the Gauteng department of sport, arts, culture and recreation. Again, the issue is not whether there was a direct conflict of interest, but whether a general conflict could have arisen because of Motshekga’s proximity to colleagues who did have decision-making power, or because of her privileged access to information.
Mathole Motshekga, who is a member of provincial legislature and former Gauteng premier, is listed as a director of Kara Heritage Institute alongside his wife.
He confirmed that Kara Heritage Institute had been responsible for administration on a project of the provincial sport, arts, culture and recreation department and that the department had paid Kara for this. The project had to do with geographical name changes.
Mathole Motshekga told the M&G that he and his wife had co-founded Kara Heritage Institute — but maintained that his wife was not actively involved in its activities. ”She is listed as a director because we are married in community of property. She was never active; the law does not allow her to be. She never attended a single meeting.”
Angie Motshekga said: ”I am not ready to comment … If you feel you have a story, just write it.”
But her spokesperson, Panyaza Lesufi, acknowledged her failure to declare all her business interests, saying: ”She has indicated in her declaration forms that her limitations are complicated by her husband’s legal profession … He has power of attorney to deal with family activities.” Mathole Motshekga is a lawyer by profession.
Lesufi said Motshekga would submit additional information to the legislature once she acquired the necessary information from her husband and the registrar of companies.
Colm Allan, director of Rhodes University’s Public Services Accountability Monitor (PSAM), described Mathole Motshekga’s argument as ”senseless”.
”Mathole is a lawyer; he should know better,” Allan said. ”His wife is an independent person who has a legal obligation to declare. The public must be able to have the confidence that politicians are furthering public, as opposed to private, interests.”
The PSAM called on the provincial legislature’s ethics committee to investigate the matter and take disciplinary action against Motshekga.
Annette Griessel, spokesperson for Gauteng Premier Mbazima Shilowa, said the premier would not have been aware of the involvement of Motshekga in any undeclared companies, but added that Gauteng’s integrity commissioner ”would need to look at this matter and any conflict of interests with regard to a contract awarded by the NDA”.
Griessel added that Shilowa would also ask the provincial director general, Mogopodi Mokoena, to specifically probe the matter of Kara Heritage’s contract with the provincial department of sport, arts, culture and recreation.