Mining magnate Brett Kebble was a true patriot whose work and dedication should serve as a fundamental lesson for those in business, the ANC Youth League (ANCYL) said on Wednesday.
The League said it was shocked and saddened by the "brutal and cold-blooded killing" of Kebble. "We send our condolences to the Kebble family and friends and we grieve with them at this hour of need," the league said. "South Africa has lost a true patriot whose selflessness and dedication to the emancipation of our people will remain a beacon and a legacy for generations to come. Such dedication and commitment demands us to count him among the true patriots of our nation whose work and dedication should serve as a fundamental lesson for those in business."
Kebble, who had become known as the "new Barney Barnato" for the excitement he had injected in Johannesburg's mining industry, was on his way to the house of his partner, Sello Rasethaba, when he was shot five times at around 9pm. He found by a passerby on a bridge over Johannesburg's M1 freeway less than a kilometre from his home in Illovo.
The ANCYL said Kebble had never hesitated to make a meaningful contribution to the advancement of black economic empowerment. "His is an example that South African big business should emulate," the league said. "We condemn this senseless killing and blatant act of cowardice in the strongest possible terms, and call upon the law enforcement agencies to bring his killers to book. This is one death too many, and we must act in unison and lend a hand to the criminal justice system to throw the book at these perpetrators of this heinous crime."
Kebble, who was a member of the African National Congress, last year responded to a question about the financial support he had given to the party in the Western Cape by saying he was performing a public duty by giving financial assistance for the development of democracy. "I am a patriot and an ardent supporter of our new democracy," Kebble said at the time. "Whilst I am a member of the ANC and support its policies, I will also support any political party that upholds patriotic and democratic principles."
Kebble said it was up to those parties that he had supported if they wanted to make his donations public, but he had no wish for secrecy. "If they decide to publicly acknowledge my support, they have my blessing to do so," he said.
There have been reports that some senior ANCYL leaders served as "fronts" for some of the Kebble business interests. The former director of the National Prosecuting Authority, Bulelani Ngcuka, was said to have suggested to newspaper editors in 2003 that Kebble's alleged financial support for the ANCYL was for protection, political favours and manoeuvring in muddy business deals.
Kebble's advocate Willem Heath said after this that he had been instructed by Kebble's father and business partner Roger to investigate abuse of power by Ngcuka and former Justice Minister Penuell Maduna.
Source: IoL
Showing posts with label Penuell Maduna. Show all posts
Showing posts with label Penuell Maduna. Show all posts
Wednesday, September 28, 2005
Friday, August 6, 2004
Inside the matrix
The quaint brotherhood in the liquidations industry is starting to fall apart, showing up some astonishing tactics. One meaning for Mafiosi, according to the Merriman-Webster dictionary, is a person who is a member of a group of people likened to the Mafia; especially: a group of people of similar interests or backgrounds prominent in a particular field or enterprise. It would probably be stretching a point to describe a group of people networked within South Africa’s liquidations sector as Mafiosi. Nevertheless, they do have an overriding interest in generating mountains of filthy lucre. And they are now being subjected, to increasing doses of public exposure.
There is perhaps one major – and totally surprising - factor that would disqualify the group as Mafia. Where the original Mafia were linked by origin as Sicilians, this group is as diverse as it gets. There are Muslim elements, such as liquidator Enver Motala, who was arrested on July 2 on charges of fraud and corruption. There are Jewish elements, in attorneys Stan Rothbart, and in Motala’s only remaining partner, Norman Simon, and also their disgruntled ex-partner, Mervyn Swartz.
And then there are the black players: on the fringes ex-justice minister Penuell Maduna, and Vusi Pikoli, who is still director general of the justice department. The picture would be incomplete without a middle-aged, bespectacled white Afrikaner, represented by Leon Lategan, one of Motala’s chief button men, and a senior officer in the Masters Office, the unit of the justice department which appoints liquidators according to its “unfettered discretion.”
One of Lategan’s most unforgettable Motala appointments was seen in respect of RAG, a R1-bn bankruptcy. Maduna intervened in that case, long after the original four liquidators had done all the work, and appointed Motala as fifth liquidator. The action was struck out by the High Court. Maduna then simply appointed Lategan as an extra Master in the Pietermaritzburg Masters Office, and Lategan simply appointed Motala to RAG, apparently in contempt of court. The appointment has, however, stuck.
Other key players fit in-between this group. Take Enver Daniels, the Chief State Law Adviser, who became acting MD of the Masters Business Unit on January 29, 2003. Daniels, who has recently been on study leave to complete his doctoral thesis in law, was a Marxist way back when, like Pikoli. Again, Pikoli knows Maduna very well from their days in exile from the apartheid regime, and so on.
Like most such organisations, there has been lots of training involved within this network. Simon and Swartz selected Motala as their front man for converting their business, SBT Trust, into a “black empowered” entity. The basis for this selection has never been understood. For one thing, Motala had been arrested on charges of fraud and corruption, back in 1989, amid an alleged massive sugar swindle in Middleburg, Mpumalanga. The case has yet to be prosecuted; the file just seems to keep traveling around the country for reasons that cannot be fully explained. However, in the 1990s, Motala acquired lots of experience in liquidations – but on the receiving end. According to Mohan Patel, a medical doctor who loaned hundreds of thousands of rands to Motala in and around the mid-1990s, Motala went from one bankruptcy to the next. Some of the businesses were burned to the ground, in accidents no doubt. Today, Patel is just one of the many judicial opponents that Motala faces. Patel is sore about suing Motala for return of loans and interest, but fails to understand how Motala could be so insensitive to Patel’s role, then anyway, as a friend helping when Motala was down and out. Well, not quite, recalls Patel. At the time, Motala was the apparent owner of two luxury BMWs, a sports Mercedes Benz and a Porsche. The way Patel remembers it, at least one of those cars was mysteriously stolen from Motala.
And then fast forward to the year 2000, by which time Motala had enjoyed the full benefits of being trained by some of the “best” in the brotherhood. At the time, an offensive to clear the way for Motala was being waged. At the end of 1999, Oliver Powell, one of the country’s leading liquidators, had been “bust” by Maduna.
On December 9, 1999, Maduna stated that “possible prosecutions for alleged corruption at the Pretoria Master’s Office were expected as early as next month.” It was not just Powell’s premises that had been raided. On October 24, 1999, the Scorpions, an investigative unit of the National Prosecuting Authority (NPA, itself a unit of the justice department), also searched the Centurion home of the Master of the Pretoria High Court, Ben Nell. In November 1999, Nell and two of his deputies, Charles Stewart and Eugene Januarie, were suspended with immediate effect. To this day, none of the prosecutions that Maduna promised have materialized. On the contrary, Powell has won two major court cases this year, and orders that every last thing seized from him be returned. Powell’s final big case will see him suing – in their present and/or previous capacities - Maduna, Jan Swanepoel (then head of the Scorpions, now of PricewaterhouseCoopers), Basil Nel (then of PricewaterhouseCoopers) and a former Sunday Times journalist, Amanda Vermeulen, for R60-m. It has hardly escaped attention that when Motala was arrested on July 2, 2004, his arraignment, following search and seizure, was by the Serious Economic Offences Unit (SEO), an elite unit of the South African Police Services.
The Scorpions and SAPS are as chalk and cheese. In full, the Scorpions are the Directorate of Special Operations, National Prosecuting Authority (NPA). The NPA national director, Bulelani Ngcuka, has been in his position since mid-1998, and was thus Scorpions overlord when Powell’s business and personal life were ruined. Two weeks ago, news emerged that Ngcuka was resigning after only six years of his ten-year contract. Ngcuka reports to the new justice minister, Brigitte Mabandla. In another world, national police commissioner Jackie Selebi reports to the Minister for Safety and Security, Charles Nqakula. It is clear that Motala has not been investigated by the Scorpions. On the contrary, Motala has on more than one occasion publicly advertised that he was working with the Scorpions (for example, in the RAG and Krion cases), and has even been described in some media reports as the “Scorpions liquidator.”
The rivalry between the Scorpions and the SEO is hardly a secret. Maduna’s apparent protection of Motala may yet be countered by Maduna’s potential nemesis, in the form of Mike Tshishonga, a deputy director general in the justice department. In October 2003, Tshishonga blew the whistle, alleging that his political boss had a nepotistic relationship with Motala; further, that Maduna had “abused the infrastructure and staff of the justice department for the purposes of advancing his personal interests,” and that Maduna had endangered South Africa’s criminal justice system.
Beyond the criminal charges that Motala faces, his nemesis may well prove to be Garveni Creations, fast on its way to being the most infamous South African bankruptcy ever. This week, John Cameron, attorney to one of Garveni’s major creditors, PG Bison, released an independent report on the Garveni estate. It contained shocking new information, of a most detailed kind, on and around the behaviour of Motala, whose appointment to Garveni was voided by the High Court on April 29.Cameron alleges that “as has been suspected, the estate of Garveni has been maladministered by Motala and Frans Langford [the co-liquidator], their conduct being highly unprofessional, irregular and improper and deserving of the highest censure and in due course, will be the subject matter of various complaints and civil proceedings.” In earlier court papers, Cameron had alleged that the conduct of Motala in and around the Garveni case had been “prima facie suggestive of fraudulent conduct . . . the existence of fraudulent conduct is fortified and substantiated;” that “[Motala’s] appointment was sought and obtained under a very unusual set of circumstances, all of which are suggestive of fraud.” Among the more-alarming disclosures in Cameron’s new report, is that Neville Shifren, previously the CEO and major shareholder in Garveni, met Motala early in May this year; that is, after Motala had been removed as a Garveni liquidator. Motala presented Shifren with accounts of Knowles, Husein Lindsay, Inc (KHL), a prominent Johannesburg law firm. One of its senior partners, Mohamed Junaid Husein, had acted for Motala throughout the Garveni matter (and apparently continues to act for Motala). Shifren was presented with KHL accounts in an amount “in excess of R500 000.”Cameron states that, in regard to such accounts, Motala, after making certain calculations, demanded that Shifren “pay 50% thereof.” To this, Shifren reacted that “he would consider no such payment, to which Motala reacted that if that was the case, he would be locking up the premises and would prevent GOF [Garveni Office Furniture] from removing any further items therefrom.”The KHL account would have eaten a big chunk out of the Garveni estate, which had been valued initially at R4-m. Cameron’s new report shows that Rothbart also submitted “one account” to the Garveni estate. Rothbart’s “invoice does not indicate exactly what services were rendered and in regard to what matter and naturally, as Motala has failed to provide the relevant information, it is uncertain as to what professional services were rendered.” The Garveni estate also made out cheques to Motala’s brother, and to the son of Simon.
The nepotism first emerged at the “417” enquiry into RAG. There, the Masters Office is represented by Stephan du Toit, senior counsel, assisted by Rafik Bhana (apparently a relative of Motala) and Soraya Hassim (previously, or perhaps still, Motala’s fiancée, and the only apparent female member of the cast), and Husein. In the RAG matter, Rothbart represents Motala.Déjà vu. In the latest big liquidations event, the R1-bn-plus bankruptcy of MP Finance, more popularly known as Krion, a giant pyramid scheme, four liquidators were originally appointed in August 2002. On January 6, 2004, Lategan appointed two further Krion liquidators. One of them was Motala. One of the original liquidators Koos van Rensburg, of Negota KVR, asked Lategan to supply his reasons for appointing the new liquidators. Lategan failed to respond. Instead, Rothbart replied in writing that he now acted for Lategan and that further correspondence must be addressed to him. Rothbart’s letter appeared to have been the clearest admission that it is Motala, and not Lategan, who was making the Master’s decisions. There has been similar evidence that Motala stage-managed the RAG matter, and perhaps others, directly through Maduna’s offices.
Source: Money Web
There is perhaps one major – and totally surprising - factor that would disqualify the group as Mafia. Where the original Mafia were linked by origin as Sicilians, this group is as diverse as it gets. There are Muslim elements, such as liquidator Enver Motala, who was arrested on July 2 on charges of fraud and corruption. There are Jewish elements, in attorneys Stan Rothbart, and in Motala’s only remaining partner, Norman Simon, and also their disgruntled ex-partner, Mervyn Swartz.
And then there are the black players: on the fringes ex-justice minister Penuell Maduna, and Vusi Pikoli, who is still director general of the justice department. The picture would be incomplete without a middle-aged, bespectacled white Afrikaner, represented by Leon Lategan, one of Motala’s chief button men, and a senior officer in the Masters Office, the unit of the justice department which appoints liquidators according to its “unfettered discretion.”
One of Lategan’s most unforgettable Motala appointments was seen in respect of RAG, a R1-bn bankruptcy. Maduna intervened in that case, long after the original four liquidators had done all the work, and appointed Motala as fifth liquidator. The action was struck out by the High Court. Maduna then simply appointed Lategan as an extra Master in the Pietermaritzburg Masters Office, and Lategan simply appointed Motala to RAG, apparently in contempt of court. The appointment has, however, stuck.
Other key players fit in-between this group. Take Enver Daniels, the Chief State Law Adviser, who became acting MD of the Masters Business Unit on January 29, 2003. Daniels, who has recently been on study leave to complete his doctoral thesis in law, was a Marxist way back when, like Pikoli. Again, Pikoli knows Maduna very well from their days in exile from the apartheid regime, and so on.
Like most such organisations, there has been lots of training involved within this network. Simon and Swartz selected Motala as their front man for converting their business, SBT Trust, into a “black empowered” entity. The basis for this selection has never been understood. For one thing, Motala had been arrested on charges of fraud and corruption, back in 1989, amid an alleged massive sugar swindle in Middleburg, Mpumalanga. The case has yet to be prosecuted; the file just seems to keep traveling around the country for reasons that cannot be fully explained. However, in the 1990s, Motala acquired lots of experience in liquidations – but on the receiving end. According to Mohan Patel, a medical doctor who loaned hundreds of thousands of rands to Motala in and around the mid-1990s, Motala went from one bankruptcy to the next. Some of the businesses were burned to the ground, in accidents no doubt. Today, Patel is just one of the many judicial opponents that Motala faces. Patel is sore about suing Motala for return of loans and interest, but fails to understand how Motala could be so insensitive to Patel’s role, then anyway, as a friend helping when Motala was down and out. Well, not quite, recalls Patel. At the time, Motala was the apparent owner of two luxury BMWs, a sports Mercedes Benz and a Porsche. The way Patel remembers it, at least one of those cars was mysteriously stolen from Motala.
And then fast forward to the year 2000, by which time Motala had enjoyed the full benefits of being trained by some of the “best” in the brotherhood. At the time, an offensive to clear the way for Motala was being waged. At the end of 1999, Oliver Powell, one of the country’s leading liquidators, had been “bust” by Maduna.
On December 9, 1999, Maduna stated that “possible prosecutions for alleged corruption at the Pretoria Master’s Office were expected as early as next month.” It was not just Powell’s premises that had been raided. On October 24, 1999, the Scorpions, an investigative unit of the National Prosecuting Authority (NPA, itself a unit of the justice department), also searched the Centurion home of the Master of the Pretoria High Court, Ben Nell. In November 1999, Nell and two of his deputies, Charles Stewart and Eugene Januarie, were suspended with immediate effect. To this day, none of the prosecutions that Maduna promised have materialized. On the contrary, Powell has won two major court cases this year, and orders that every last thing seized from him be returned. Powell’s final big case will see him suing – in their present and/or previous capacities - Maduna, Jan Swanepoel (then head of the Scorpions, now of PricewaterhouseCoopers), Basil Nel (then of PricewaterhouseCoopers) and a former Sunday Times journalist, Amanda Vermeulen, for R60-m. It has hardly escaped attention that when Motala was arrested on July 2, 2004, his arraignment, following search and seizure, was by the Serious Economic Offences Unit (SEO), an elite unit of the South African Police Services.
The Scorpions and SAPS are as chalk and cheese. In full, the Scorpions are the Directorate of Special Operations, National Prosecuting Authority (NPA). The NPA national director, Bulelani Ngcuka, has been in his position since mid-1998, and was thus Scorpions overlord when Powell’s business and personal life were ruined. Two weeks ago, news emerged that Ngcuka was resigning after only six years of his ten-year contract. Ngcuka reports to the new justice minister, Brigitte Mabandla. In another world, national police commissioner Jackie Selebi reports to the Minister for Safety and Security, Charles Nqakula. It is clear that Motala has not been investigated by the Scorpions. On the contrary, Motala has on more than one occasion publicly advertised that he was working with the Scorpions (for example, in the RAG and Krion cases), and has even been described in some media reports as the “Scorpions liquidator.”
The rivalry between the Scorpions and the SEO is hardly a secret. Maduna’s apparent protection of Motala may yet be countered by Maduna’s potential nemesis, in the form of Mike Tshishonga, a deputy director general in the justice department. In October 2003, Tshishonga blew the whistle, alleging that his political boss had a nepotistic relationship with Motala; further, that Maduna had “abused the infrastructure and staff of the justice department for the purposes of advancing his personal interests,” and that Maduna had endangered South Africa’s criminal justice system.
Beyond the criminal charges that Motala faces, his nemesis may well prove to be Garveni Creations, fast on its way to being the most infamous South African bankruptcy ever. This week, John Cameron, attorney to one of Garveni’s major creditors, PG Bison, released an independent report on the Garveni estate. It contained shocking new information, of a most detailed kind, on and around the behaviour of Motala, whose appointment to Garveni was voided by the High Court on April 29.Cameron alleges that “as has been suspected, the estate of Garveni has been maladministered by Motala and Frans Langford [the co-liquidator], their conduct being highly unprofessional, irregular and improper and deserving of the highest censure and in due course, will be the subject matter of various complaints and civil proceedings.” In earlier court papers, Cameron had alleged that the conduct of Motala in and around the Garveni case had been “prima facie suggestive of fraudulent conduct . . . the existence of fraudulent conduct is fortified and substantiated;” that “[Motala’s] appointment was sought and obtained under a very unusual set of circumstances, all of which are suggestive of fraud.” Among the more-alarming disclosures in Cameron’s new report, is that Neville Shifren, previously the CEO and major shareholder in Garveni, met Motala early in May this year; that is, after Motala had been removed as a Garveni liquidator. Motala presented Shifren with accounts of Knowles, Husein Lindsay, Inc (KHL), a prominent Johannesburg law firm. One of its senior partners, Mohamed Junaid Husein, had acted for Motala throughout the Garveni matter (and apparently continues to act for Motala). Shifren was presented with KHL accounts in an amount “in excess of R500 000.”Cameron states that, in regard to such accounts, Motala, after making certain calculations, demanded that Shifren “pay 50% thereof.” To this, Shifren reacted that “he would consider no such payment, to which Motala reacted that if that was the case, he would be locking up the premises and would prevent GOF [Garveni Office Furniture] from removing any further items therefrom.”The KHL account would have eaten a big chunk out of the Garveni estate, which had been valued initially at R4-m. Cameron’s new report shows that Rothbart also submitted “one account” to the Garveni estate. Rothbart’s “invoice does not indicate exactly what services were rendered and in regard to what matter and naturally, as Motala has failed to provide the relevant information, it is uncertain as to what professional services were rendered.” The Garveni estate also made out cheques to Motala’s brother, and to the son of Simon.
The nepotism first emerged at the “417” enquiry into RAG. There, the Masters Office is represented by Stephan du Toit, senior counsel, assisted by Rafik Bhana (apparently a relative of Motala) and Soraya Hassim (previously, or perhaps still, Motala’s fiancée, and the only apparent female member of the cast), and Husein. In the RAG matter, Rothbart represents Motala.Déjà vu. In the latest big liquidations event, the R1-bn-plus bankruptcy of MP Finance, more popularly known as Krion, a giant pyramid scheme, four liquidators were originally appointed in August 2002. On January 6, 2004, Lategan appointed two further Krion liquidators. One of them was Motala. One of the original liquidators Koos van Rensburg, of Negota KVR, asked Lategan to supply his reasons for appointing the new liquidators. Lategan failed to respond. Instead, Rothbart replied in writing that he now acted for Lategan and that further correspondence must be addressed to him. Rothbart’s letter appeared to have been the clearest admission that it is Motala, and not Lategan, who was making the Master’s decisions. There has been similar evidence that Motala stage-managed the RAG matter, and perhaps others, directly through Maduna’s offices.
Source: Money Web
Sunday, October 12, 2003
Penuell Maduna throws in the towel
Penuell Maduna, the embattled minister of justice, says that he will not be available to serve as a minister in President Thabo Mbeki's cabinet after next year's elections. Maduna's statement, made during an exclusive interview, follows a series of allegations against him that range from spying for the apartheid regime to nepotism and corruption in his department.
Maduna acknowledged that the African National Congress had been torn apart by allegations that Bulelani Ngcuka, the national director of public prosecutions, had been an apartheid spy. "The ANC is hurting badly," he said. "But I don't care anymore what this [battle] is doing. It has already done a lot of damage. Families are suffering. They can't take it any longer. I will serve in the ANC in any other capacity, even as a floor sweeper." Asked whether he was set to quit his ministerial post now, Maduna said: "No, I am not quitting. I will serve my full term but I will not stand again."
Maduna's extraordinary pledge could make him the first victim of the escalating political row sparked by the Scorpions' investigation into whether Deputy President Jacob Zuma solicited a R500 000 bribe from a French arms company bidding in the multibillion-rand arms deal. The row reached new heights when ANC veteran Mac Maharaj supported claims that Ngcuka, the Scorpions' chief, was an apartheid spy.
This week a judicial commission, appointed by Mbeki and headed by Judge Joos Hefer, extended its mandate to include an investigation of Maduna as the minister with line responsibility for Ngcuka's national prosecuting authority. In an interview held at a Cape Town hotel, Maduna told of his anguish and frustration following accusations from mining magnate Brett Kebble that he had abused his office as the minister responsible for the national director of public prosecutions; claims by a senior official in his department that he was guilty of nepotism and corruption in the liquidation section; and continuing charges by Patricia de Lille, the leader of the Independent Democrats, that he was on a list of ANC apartheid spies.
Maduna, clearly at the end of his tether with the barrage of allegations made against him in recent weeks, said he had promised his family that he would quit his high-profile position. "I told the president my family is saying I should resign because they cannot take it any longer," Maduna said. "Just this morning one of my brothers-in-law, Sandile Mshengu, phoned me and said all my in-laws would be very happy if this noise stopped. I repeated the promise to him."
Maduna said he would serve his full term until the elections and would not leave the ANC, which he acknowledged was torn apart by the storm around Zuma and Ngcuka. Maduna admitted that the setting up of the Hefer commission two weeks ago was an attempt to stop the bleeding in the movement, "cauterising the wound" inflicted by the continuing backstabbing, smear campaigns and allegations of spying and misuse of office. Maduna also emphatically denied media reports that he recently threatened to resign after a fight with Zuma in a cabinet meeting.
The terms of reference of the Hefer commission were broadened this week to include a probe into whether Maduna and Ngcuka misused their offices "due to past obligations to apartheid". The commission was appointed originally to investigate allegations that Ngcuka was an apartheid informer, which surfaced in the wake of his comments that there was prima facie evidence of corruption against Zuma. As minister responsible for the investigation, Maduna has increasingly been drawn into the brawl. Furious, but in fight-back mode, Maduna spoke of a month-long campaign waged against him and Ngcuka in e-mails circulated to the media and the ANC, calling the two men "untouchables" who use their offices to target people selectively. "It's utter rubbish," Maduna said.
On September 15 he received a letter from Kebble in which allegations were made and responses demanded. "One of the allegations was that Bulelani and I were being controlled by the CIA," Maduna said. "Kebble copied the letter to the president, the minister of intelligence, the minister of safety and security, to Bulelani and the national commissioner of police, in a clear campaign against me. I ignored the letter, because I thought I should not stoop so low [as to respond]."
Maduna said on Monday he received another letter from Kebble, copied to others, that repeated the allegations while adding that the justice minister received a number of gifts, including a luxury motor vehicle for his personal use. "He said the car has since been sold," Maduna said. "My car at home smokes. It will not survive the election campaign. I have never had a luxury car for personal use."
Maduna said he told Mbeki this week that while both of them were concerned about the allegations, the smear campaign should be included in the brief of Judge Hefer. "I told the president: 'You are concerned, you want clean government. Expand the commission and ask the judge to subpoena them [the accusers]. Because I have never instructed prosecutors and members of the Scorpions to target any individual.' "
Kebble, who faces prosecution by the Scorpions for alleged fraud at Western Areas mine, had sent a complaint to the public protector, accusing Ngcuka of using his position to achieve his own ends. He said this week he was not attacking Maduna, but merely informing him of problems in his department that needed to be addressed. At a news conference this week, the mining magnate also lashed out at Ngcuka for a briefing recently to black editors on the Zuma affair, where he allegedly made comments about Kebble.
Maduna also wants the Hefer commission to probe allegations made in parliament in 1997 by De Lille that he was an apartheid spy, which she recently repeated to the media. He again said he was instructing his lawyers to pursue a defamation case against her. "I am going to fight her in a separate suit," Maduna said.
On the nepotism accusations levelled against him this week by Mike Tshishonga, the deputy-director general in the justice ministry, Maduna denied he was involved in the appointment of liquidators, an issue already rectified by Pravin Gordhan, the revenue services commissioner. Maduna alleged that Tshishonga was being used by "certain circles" to which the official could be connected and hinted that Tshishonga had an axe to grind after being rapped over the knuckles for poor work performance. "Mike is the most timid public servant," he said. "At worst he is the sort of person who would not be able to box himself out of a wet paper bag. You can print that."
Source: IoL
Maduna acknowledged that the African National Congress had been torn apart by allegations that Bulelani Ngcuka, the national director of public prosecutions, had been an apartheid spy. "The ANC is hurting badly," he said. "But I don't care anymore what this [battle] is doing. It has already done a lot of damage. Families are suffering. They can't take it any longer. I will serve in the ANC in any other capacity, even as a floor sweeper." Asked whether he was set to quit his ministerial post now, Maduna said: "No, I am not quitting. I will serve my full term but I will not stand again."
Maduna's extraordinary pledge could make him the first victim of the escalating political row sparked by the Scorpions' investigation into whether Deputy President Jacob Zuma solicited a R500 000 bribe from a French arms company bidding in the multibillion-rand arms deal. The row reached new heights when ANC veteran Mac Maharaj supported claims that Ngcuka, the Scorpions' chief, was an apartheid spy.
This week a judicial commission, appointed by Mbeki and headed by Judge Joos Hefer, extended its mandate to include an investigation of Maduna as the minister with line responsibility for Ngcuka's national prosecuting authority. In an interview held at a Cape Town hotel, Maduna told of his anguish and frustration following accusations from mining magnate Brett Kebble that he had abused his office as the minister responsible for the national director of public prosecutions; claims by a senior official in his department that he was guilty of nepotism and corruption in the liquidation section; and continuing charges by Patricia de Lille, the leader of the Independent Democrats, that he was on a list of ANC apartheid spies.
Maduna, clearly at the end of his tether with the barrage of allegations made against him in recent weeks, said he had promised his family that he would quit his high-profile position. "I told the president my family is saying I should resign because they cannot take it any longer," Maduna said. "Just this morning one of my brothers-in-law, Sandile Mshengu, phoned me and said all my in-laws would be very happy if this noise stopped. I repeated the promise to him."
Maduna said he would serve his full term until the elections and would not leave the ANC, which he acknowledged was torn apart by the storm around Zuma and Ngcuka. Maduna admitted that the setting up of the Hefer commission two weeks ago was an attempt to stop the bleeding in the movement, "cauterising the wound" inflicted by the continuing backstabbing, smear campaigns and allegations of spying and misuse of office. Maduna also emphatically denied media reports that he recently threatened to resign after a fight with Zuma in a cabinet meeting.
The terms of reference of the Hefer commission were broadened this week to include a probe into whether Maduna and Ngcuka misused their offices "due to past obligations to apartheid". The commission was appointed originally to investigate allegations that Ngcuka was an apartheid informer, which surfaced in the wake of his comments that there was prima facie evidence of corruption against Zuma. As minister responsible for the investigation, Maduna has increasingly been drawn into the brawl. Furious, but in fight-back mode, Maduna spoke of a month-long campaign waged against him and Ngcuka in e-mails circulated to the media and the ANC, calling the two men "untouchables" who use their offices to target people selectively. "It's utter rubbish," Maduna said.
On September 15 he received a letter from Kebble in which allegations were made and responses demanded. "One of the allegations was that Bulelani and I were being controlled by the CIA," Maduna said. "Kebble copied the letter to the president, the minister of intelligence, the minister of safety and security, to Bulelani and the national commissioner of police, in a clear campaign against me. I ignored the letter, because I thought I should not stoop so low [as to respond]."
Maduna said on Monday he received another letter from Kebble, copied to others, that repeated the allegations while adding that the justice minister received a number of gifts, including a luxury motor vehicle for his personal use. "He said the car has since been sold," Maduna said. "My car at home smokes. It will not survive the election campaign. I have never had a luxury car for personal use."
Maduna said he told Mbeki this week that while both of them were concerned about the allegations, the smear campaign should be included in the brief of Judge Hefer. "I told the president: 'You are concerned, you want clean government. Expand the commission and ask the judge to subpoena them [the accusers]. Because I have never instructed prosecutors and members of the Scorpions to target any individual.' "
Kebble, who faces prosecution by the Scorpions for alleged fraud at Western Areas mine, had sent a complaint to the public protector, accusing Ngcuka of using his position to achieve his own ends. He said this week he was not attacking Maduna, but merely informing him of problems in his department that needed to be addressed. At a news conference this week, the mining magnate also lashed out at Ngcuka for a briefing recently to black editors on the Zuma affair, where he allegedly made comments about Kebble.
Maduna also wants the Hefer commission to probe allegations made in parliament in 1997 by De Lille that he was an apartheid spy, which she recently repeated to the media. He again said he was instructing his lawyers to pursue a defamation case against her. "I am going to fight her in a separate suit," Maduna said.
On the nepotism accusations levelled against him this week by Mike Tshishonga, the deputy-director general in the justice ministry, Maduna denied he was involved in the appointment of liquidators, an issue already rectified by Pravin Gordhan, the revenue services commissioner. Maduna alleged that Tshishonga was being used by "certain circles" to which the official could be connected and hinted that Tshishonga had an axe to grind after being rapped over the knuckles for poor work performance. "Mike is the most timid public servant," he said. "At worst he is the sort of person who would not be able to box himself out of a wet paper bag. You can print that."
Source: IoL
Friday, October 10, 2003
ANC tense as Hefer commission gets ready
Tensions in the ANC mounted at the weekend as the ruling party braced itself for a public airing of allegations from senior members that the national director of public prosecutions, Bulelani Ngcuka, was an apartheid spy.
It could prove to be the most testing few weeks for President Thabo Mbeki and his party since it swept to power in the country's first democratic elections in 1994 when a commission of enquiry, headed by Judge Joos Hefer, starts work on Monday.
There are fears that the ANC, which is already divided into opposing political camps over the Scorpions' investigation into Deputy President Jacob Zuma, could take further strain if those who made the accusations against Ngcuka - ANC veteran Mac Maharaj and senior government official Mo Shaik - disclose more information at the commission. There are fears that far from putting the spy controversy to rest, as it is intended to do, the commission could provide a platform for Maharaj and Shaik which could feed the tit-for-tat spy-naming and even tear the ANC apart along populist and technocrat lines. The threat of a split within the cabinet was made worse in August
It was announced by Justice minister Penuell Maduna on Thursday that the commission would be expanded to include an investigation into his own office, as line minister responsible for the national prosecuting authority, to ensure that there had been no abuse of the office as a result of "past obligations", a euphemism for spying for the apartheid regime. Zuma, who has consistently claimed that the investigation into his accepting an alleged R500 000 bribe from a French arms company is politically motivated, is expected to be called by the commission to substantiate his claims.
The fact that Zuma was the head of ANC intelligence when the organisation returned to South Africa from exile in 1990 has exacerbated the tensions and perceptions that there are two rival camps forming within the ANC over the suspended investigation into Zuma's alleged bribe. The threat of a split within the cabinet was made worse in August when Zuma allegedly won the day against Maduna when he tried to get a ruling, allegedly in line with Mbeki's wishes, that ANC officials should refrain from commenting on the Zuma affair. Between them, Zuma, as the former intelligence master, and Maharaj, as the former head of the underground Operation Vula, command widespread support within the ANC as was illustrated by Zuma's hero's welcome at Cosatu's annual conference last month and slogans denouncing Ngcuka.
Others expected to be called by the commission include Ngcuka, who is expected to attend the hearings throughout, Maduna, Maharaj, Mo Shaik, mining magnate Brett Kebble, MP Patricia de Lille, former Sunday Times journalist Ranjeni Munusamy, Schabir Shaik, Zuma's self-styled financial adviser who is facing trial on fraud charges, and, possibly a former spy master such as Niel Barnard or Mike Louw, who headed the apartheid-era National Intelligence Services. It is considered unlikely that Mbeki, who finds himself at the centre of the ANC's most bitter internal battle since coming to power in 1994, will be called to testify at the commission.
Commission sources said yesterday that it was already making provisions to sit for two months or more despite its brief to complete its work as soon as possible. It was earlier expected that the commission would sit for no longer than a month. Maduna, who himself was named as an apartheid spy when Independent Democrats leader Patricia de Lille read from a list of alleged ANC spies in parliament in 1997, is also under pressure for allegations of nepotism and corruption in the liquidation section of the justice department by a senior justice ministry official. Maduna also received a letter this week from mining magnate Brett Kebble in which it is understood that he accused Maduna and Ngcuka of undermining the justice department and abusing their official positions.
Kebble was allegedly named by Ngcuka in a derogatory context in an off-the-record briefing to black editors several months ago. Mbeki's legal adviser, Mojanku Gumbi, said yesterday that the inclusion of Maduna did not relate to allegations that he was an apartheid spy but was as a result of his position as the minister with line responsibility for Ngcuka's department.
Ngcuka stands accused by the likes of Maharaj, Mo Shaik and Brett Kebble of abusing his office by using it to get at his political enemies among who are those who resent his alleged role as an apartheid spy. Ngcuka has vigorously denied the claims and Mbeki has backed him up insisting that the "masses of the people" would not forgive those who made spying allegations.
Source: IoL
It could prove to be the most testing few weeks for President Thabo Mbeki and his party since it swept to power in the country's first democratic elections in 1994 when a commission of enquiry, headed by Judge Joos Hefer, starts work on Monday.
There are fears that the ANC, which is already divided into opposing political camps over the Scorpions' investigation into Deputy President Jacob Zuma, could take further strain if those who made the accusations against Ngcuka - ANC veteran Mac Maharaj and senior government official Mo Shaik - disclose more information at the commission. There are fears that far from putting the spy controversy to rest, as it is intended to do, the commission could provide a platform for Maharaj and Shaik which could feed the tit-for-tat spy-naming and even tear the ANC apart along populist and technocrat lines. The threat of a split within the cabinet was made worse in August
It was announced by Justice minister Penuell Maduna on Thursday that the commission would be expanded to include an investigation into his own office, as line minister responsible for the national prosecuting authority, to ensure that there had been no abuse of the office as a result of "past obligations", a euphemism for spying for the apartheid regime. Zuma, who has consistently claimed that the investigation into his accepting an alleged R500 000 bribe from a French arms company is politically motivated, is expected to be called by the commission to substantiate his claims.
The fact that Zuma was the head of ANC intelligence when the organisation returned to South Africa from exile in 1990 has exacerbated the tensions and perceptions that there are two rival camps forming within the ANC over the suspended investigation into Zuma's alleged bribe. The threat of a split within the cabinet was made worse in August when Zuma allegedly won the day against Maduna when he tried to get a ruling, allegedly in line with Mbeki's wishes, that ANC officials should refrain from commenting on the Zuma affair. Between them, Zuma, as the former intelligence master, and Maharaj, as the former head of the underground Operation Vula, command widespread support within the ANC as was illustrated by Zuma's hero's welcome at Cosatu's annual conference last month and slogans denouncing Ngcuka.
Others expected to be called by the commission include Ngcuka, who is expected to attend the hearings throughout, Maduna, Maharaj, Mo Shaik, mining magnate Brett Kebble, MP Patricia de Lille, former Sunday Times journalist Ranjeni Munusamy, Schabir Shaik, Zuma's self-styled financial adviser who is facing trial on fraud charges, and, possibly a former spy master such as Niel Barnard or Mike Louw, who headed the apartheid-era National Intelligence Services. It is considered unlikely that Mbeki, who finds himself at the centre of the ANC's most bitter internal battle since coming to power in 1994, will be called to testify at the commission.
Commission sources said yesterday that it was already making provisions to sit for two months or more despite its brief to complete its work as soon as possible. It was earlier expected that the commission would sit for no longer than a month. Maduna, who himself was named as an apartheid spy when Independent Democrats leader Patricia de Lille read from a list of alleged ANC spies in parliament in 1997, is also under pressure for allegations of nepotism and corruption in the liquidation section of the justice department by a senior justice ministry official. Maduna also received a letter this week from mining magnate Brett Kebble in which it is understood that he accused Maduna and Ngcuka of undermining the justice department and abusing their official positions.
Kebble was allegedly named by Ngcuka in a derogatory context in an off-the-record briefing to black editors several months ago. Mbeki's legal adviser, Mojanku Gumbi, said yesterday that the inclusion of Maduna did not relate to allegations that he was an apartheid spy but was as a result of his position as the minister with line responsibility for Ngcuka's department.
Ngcuka stands accused by the likes of Maharaj, Mo Shaik and Brett Kebble of abusing his office by using it to get at his political enemies among who are those who resent his alleged role as an apartheid spy. Ngcuka has vigorously denied the claims and Mbeki has backed him up insisting that the "masses of the people" would not forgive those who made spying allegations.
Source: IoL
Kebble: I may sue Ngcuka for defamation
Mining magnate Brett Kebble says he has reported National Director of Public Prosecutions Bulelani Ngcuka to the Public Protector and that he may yet sue him for defamation. "Far from being impartial, fair or upholding my constitutional rights (Ngcuka) has found me guilty without a trial and trampled on my rights," Kebble told a media conference on Thursday.
Ngcuka's statements had cost his company transactions that would have created thousands of jobs and enhanced South Africa's influence in Africa. He had filed a complaint with the Public Protector and would await the outcome of this investigation before deciding what other action to take. He had not ruled out the possibility of a defamation lawsuit, Kebble said. This follows a meeting Ngcuka had with selected newspaper editors on July 24 to brief them off the record on the progress of the investigation into allegations against Deputy President Jacob Zuma. Selected details of the briefing - including statements Ngcuka is alleged to have made about Kebble - were leaked to a weekly newspaper.
Kebble said he had not commented before as he had believed the state, especially the justice ministry, would deal with the problem. But "there has been a deafening silence from the authorities" about Ngcuka's "(abusing) his office when he addressed editors". Asked how he knew Ngcuka had made the statements reported by the weekly, Kebble said he had obtained "verification". He claimed a former associate, whom he was suing for more than R50-million he believed was owed to him, of being behind the campaign to "bring about my downfall".
Kebble faces trial on fraud charges, which he has said relate to alleged technical breaches of company regulations. Responding to Kebble's comments on Thursday, Ngcuka's office denied any wrongdoing in the criminal action against him or members of his family. "Mr Kebble will have ample opportunity to raise his concerns next week when he appears in the high court in Johannesburg to answer fraud charges relating to share price manipulation and other contraventions of the Companies Act," said the statement. It said Justice Minister Penuell Maduna had written to Kebble inviting him to put his allegations before Judge Joos Hefer's commission of inquiry, which would establish if there had been an abuse of power.
The retired judge is investigating an allegation, carried in a weekend newspaper, that Ngcuka had been an apartheid spy.
Source: IoL
Ngcuka's statements had cost his company transactions that would have created thousands of jobs and enhanced South Africa's influence in Africa. He had filed a complaint with the Public Protector and would await the outcome of this investigation before deciding what other action to take. He had not ruled out the possibility of a defamation lawsuit, Kebble said. This follows a meeting Ngcuka had with selected newspaper editors on July 24 to brief them off the record on the progress of the investigation into allegations against Deputy President Jacob Zuma. Selected details of the briefing - including statements Ngcuka is alleged to have made about Kebble - were leaked to a weekly newspaper.
Kebble said he had not commented before as he had believed the state, especially the justice ministry, would deal with the problem. But "there has been a deafening silence from the authorities" about Ngcuka's "(abusing) his office when he addressed editors". Asked how he knew Ngcuka had made the statements reported by the weekly, Kebble said he had obtained "verification". He claimed a former associate, whom he was suing for more than R50-million he believed was owed to him, of being behind the campaign to "bring about my downfall".
Kebble faces trial on fraud charges, which he has said relate to alleged technical breaches of company regulations. Responding to Kebble's comments on Thursday, Ngcuka's office denied any wrongdoing in the criminal action against him or members of his family. "Mr Kebble will have ample opportunity to raise his concerns next week when he appears in the high court in Johannesburg to answer fraud charges relating to share price manipulation and other contraventions of the Companies Act," said the statement. It said Justice Minister Penuell Maduna had written to Kebble inviting him to put his allegations before Judge Joos Hefer's commission of inquiry, which would establish if there had been an abuse of power.
The retired judge is investigating an allegation, carried in a weekend newspaper, that Ngcuka had been an apartheid spy.
Source: IoL
Sunday, May 20, 2001
Heath's future is still uncertain
Judge Willem Heath is consulting his family and friends about his future after President Thabo Mbeki turned down a request by the controversial corruption-buster to resign from the judiciary.
On the advice of Justice Minister Penuell Maduna, Mbeki sent a letter to Judge Heath refusing his request to be discharged from active service as a judge. Judge Heath, who has been on long leave, is due to return at the end of this month but had hoped to leave the bench to become a private sector anti-corruption consultant.
The decision by Mbeki was made just weeks ahead of a planned request by Pan Africanist Congress MP Patricia de Lille for a judicial review of Mbeki's decision to exclude the special investigating unit, formerly headed by Judge Heath, from the arms deal investigation.
Acting on a Constitutional Court ruling, the national assembly has approved legislation barring a special investigating unit being headed by a judge.
This means that even should Mbeki's decision to exclude the unit be overturned, Judge Heath could not be involved in the arms deal probe because he would continue to be a judge.
Source: Cape Times
On the advice of Justice Minister Penuell Maduna, Mbeki sent a letter to Judge Heath refusing his request to be discharged from active service as a judge. Judge Heath, who has been on long leave, is due to return at the end of this month but had hoped to leave the bench to become a private sector anti-corruption consultant.
The decision by Mbeki was made just weeks ahead of a planned request by Pan Africanist Congress MP Patricia de Lille for a judicial review of Mbeki's decision to exclude the special investigating unit, formerly headed by Judge Heath, from the arms deal investigation.
Acting on a Constitutional Court ruling, the national assembly has approved legislation barring a special investigating unit being headed by a judge.
This means that even should Mbeki's decision to exclude the unit be overturned, Judge Heath could not be involved in the arms deal probe because he would continue to be a judge.
Source: Cape Times
Tuesday, January 16, 2001
Mbeki's mistakes - a UK view
The prospect of President Thabo Mbeki's acceptance of Justice Minister Penuell Maduna's advice to exclude Judge Willem Heath from a probe into an alleged arms deal scam, is being seen here in the same light as the South African government's "three other major blunders".
The newspaper The Guardian elaborates on "anger" experienced in South Africa over the government's disregard of a parliamentary committee for public accounts' insistence that Heath be included in the probe into a suspect government arms contract of R43 million with Britain and other foreign arms companies.
The newspaper finds the South African government guilty of other "serious political errors of judgement". The three black marks against Mbeki's name are for his blundering over HIV/Aids, the government's laxity regarding Zimbabwe, and the rumpus over Lesotho.
"Despite accusations raised by its opponents, there is no evidence of corruption by the South African government in the arms deal. However, it is guilty of other serious political errors of judgement."
The newspaper argues that even though Mbeki retracted on his denial of a connection between HIV and Aids, his prestige took a sharp knock in South Africa, the country with most HIV-infected people world-wide.
In addition, the government's lame stance over Robert Mugabe had been as ineffective as the furore created in Britain over the issue.
"Mbeki, however, has more to lose. Should Zimbabwe be crippled economically, an influx of its citizens could paralyse South Africa," the newspaper said.
The government's intervention in Lesotho in 1998 had also been a "military and political blunder". The nation had been outraged when a well-equipped, but poorly prepared South African force got bogged down against an ill-equipped opponent, leaving Maseru practically destroyed.
The article, reporting over Mbeki's acceptance of Justice Minister Penuell Maduna's recommendation that Heath be excluded from the three investigating teams into the arms deal, says that in South Africa the government is being accused of overriding democracy.
Extensive coverage is given to the fact that a request from the committee for public accounts was disregarded, and also to criticism from the PAC, the IFP and even from the Archbishop of Cape Town, the Reverend Njongonkulu Ndungane.
Source: News 24.com
The newspaper The Guardian elaborates on "anger" experienced in South Africa over the government's disregard of a parliamentary committee for public accounts' insistence that Heath be included in the probe into a suspect government arms contract of R43 million with Britain and other foreign arms companies.
The newspaper finds the South African government guilty of other "serious political errors of judgement". The three black marks against Mbeki's name are for his blundering over HIV/Aids, the government's laxity regarding Zimbabwe, and the rumpus over Lesotho.
"Despite accusations raised by its opponents, there is no evidence of corruption by the South African government in the arms deal. However, it is guilty of other serious political errors of judgement."
The newspaper argues that even though Mbeki retracted on his denial of a connection between HIV and Aids, his prestige took a sharp knock in South Africa, the country with most HIV-infected people world-wide.
In addition, the government's lame stance over Robert Mugabe had been as ineffective as the furore created in Britain over the issue.
"Mbeki, however, has more to lose. Should Zimbabwe be crippled economically, an influx of its citizens could paralyse South Africa," the newspaper said.
The government's intervention in Lesotho in 1998 had also been a "military and political blunder". The nation had been outraged when a well-equipped, but poorly prepared South African force got bogged down against an ill-equipped opponent, leaving Maseru practically destroyed.
The article, reporting over Mbeki's acceptance of Justice Minister Penuell Maduna's recommendation that Heath be excluded from the three investigating teams into the arms deal, says that in South Africa the government is being accused of overriding democracy.
Extensive coverage is given to the fact that a request from the committee for public accounts was disregarded, and also to criticism from the PAC, the IFP and even from the Archbishop of Cape Town, the Reverend Njongonkulu Ndungane.
Source: News 24.com
Friday, July 9, 1999
Maduna's 'secret' links to fuel bosses
Penuell Maduna established "secretive channels of communication" with selected senior fuel industry officials shortly after becoming Minerals and Energy Minister in 1996. The claim emerged during Maduna's third day on the witness stand in Public Protector Selby Baqwa's inquiry into alleged irregularities in Strategic Fuel Fund finances, and whether or not Auditor-General Henri Kluever's reports on them were "correct and proper".
Maduna, now Justice Minister, was being questioned by Pearce Rood, counsel for Roy Pithey - former chairman of the Central Energy Fund, which oversees the Strategic Fuel Fund. Maduna said he had communicated with the officials privately to glean information about suspicious-seeming payments in an oil deal. Rood gave notice that he would make submissions on the "propriety of the secretive channels of communication" between Maduna and certain senior Strategic Fuel Fund officials, including Brian Casey and former general manager Kobus van Zyl.
Payments of a 7,5 cents-a-barrel premium to an Egyptian oil trader had been brought to Maduna's attention by Essop Pahad, then Deputy Minister in the Office of Deputy President Thabo Mbeki. "I was expected to find out what the justification for these payments was," he said. An acquaintance put him in touch with senior Strategic Fuel Fund official Brian Casey, with whom he had several private meetings in a bid to find out more about the premium payments.
When asked why he had not approached Pithey, who had a statutory obligation to answer such questions, Maduna said: "I cannot give a reason." When pressed on this by Baqwa, who wondered if it was "not incumbent" on him to approach Pithey, Maduna said, "Well, the fact is, I did not, and I cannot provide a reason." He said he had been in the Cabinet for only three-and-a-half months and may not have been "aware" of the statutory relationship between himself and the Central Energy Fund chairman. However, while he could not give a reason why he did not discuss the premium payments with Pithey, he was getting information from other officials such as Van Zyl and Casey. He added, "Perhaps it was because I thought he (Pithey) was implicated in these payments (of a 7,5c-a-barrel premium) that I decided not to go straight to him." When Baqwa asked him why he thought this, Maduna said, "Well, the suggestion had been made that he (Mr Pithey) had been told about the payments and had done nothing about them."
The two-and-a-half-day cross-examination of Maduna by counsel for Auditor-General Kluever, Eberhard Bertelsmann SC, ended on Thursday, but the Justice Minister will return to the witness stand when the hearing resumes on Monday for further cross-examination by counsel for other parties involved.
Source: IoL
Maduna, now Justice Minister, was being questioned by Pearce Rood, counsel for Roy Pithey - former chairman of the Central Energy Fund, which oversees the Strategic Fuel Fund. Maduna said he had communicated with the officials privately to glean information about suspicious-seeming payments in an oil deal. Rood gave notice that he would make submissions on the "propriety of the secretive channels of communication" between Maduna and certain senior Strategic Fuel Fund officials, including Brian Casey and former general manager Kobus van Zyl.
Payments of a 7,5 cents-a-barrel premium to an Egyptian oil trader had been brought to Maduna's attention by Essop Pahad, then Deputy Minister in the Office of Deputy President Thabo Mbeki. "I was expected to find out what the justification for these payments was," he said. An acquaintance put him in touch with senior Strategic Fuel Fund official Brian Casey, with whom he had several private meetings in a bid to find out more about the premium payments.
When asked why he had not approached Pithey, who had a statutory obligation to answer such questions, Maduna said: "I cannot give a reason." When pressed on this by Baqwa, who wondered if it was "not incumbent" on him to approach Pithey, Maduna said, "Well, the fact is, I did not, and I cannot provide a reason." He said he had been in the Cabinet for only three-and-a-half months and may not have been "aware" of the statutory relationship between himself and the Central Energy Fund chairman. However, while he could not give a reason why he did not discuss the premium payments with Pithey, he was getting information from other officials such as Van Zyl and Casey. He added, "Perhaps it was because I thought he (Pithey) was implicated in these payments (of a 7,5c-a-barrel premium) that I decided not to go straight to him." When Baqwa asked him why he thought this, Maduna said, "Well, the suggestion had been made that he (Mr Pithey) had been told about the payments and had done nothing about them."
The two-and-a-half-day cross-examination of Maduna by counsel for Auditor-General Kluever, Eberhard Bertelsmann SC, ended on Thursday, but the Justice Minister will return to the witness stand when the hearing resumes on Monday for further cross-examination by counsel for other parties involved.
Source: IoL
Monday, June 28, 1999
Maduna will sack drunken prosecutors
Justice Minister Penuel Maduna has warned that prosecutors who report for work drunk will be fired. Speaking on the SABC programme Newsmakers last night, Mr Maduna said his department had received reports about prosecutors in Mdantsane, near East London, reporting for work "not sober". "I must warn those who come to work drunk that they will be sacked."
Maduna said the department would investigate why courts worked such short hours - an average of four-and-a-half hours per day - which could be due to lengthy investigations and postponements due to weak evidence. After meeting with Bulelani Ngcuka, national director of public prosecutions, he said: "We expect monthly reports from his office on how prosecutors are performing their tasks."
Maduna denied the Government was failing to pay prosecutors adequately. He said the department had budgetary constraints.
Source; Iol
Maduna said the department would investigate why courts worked such short hours - an average of four-and-a-half hours per day - which could be due to lengthy investigations and postponements due to weak evidence. After meeting with Bulelani Ngcuka, national director of public prosecutions, he said: "We expect monthly reports from his office on how prosecutors are performing their tasks."
Maduna denied the Government was failing to pay prosecutors adequately. He said the department had budgetary constraints.
Source; Iol
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