Some faith restored – some way to go

Two events over the past few days have done much to restore some faith in South Africa’s judicial system, and showed that politically connected people in high places are not above the law. The first was the conviction on corruption charges of the former national police chief, Jackie Selebi. The other was the firing of Transnet Freight Rail chief Siyabonga Gama after a disciplinary committee found him guilty of contravening corporate governance procedures when he awarded a multimillion-rand security tender to a company linked to Communications Minister Siphiwe Nyanda.

Following Gama’s dismissal, however, the focus may now turn to Nyanda and whether his part in these developments will be properly investigated and acted upon, as the Congress of South African Trade Unions (Cosatu) general-secretary Zwelinzima Vavi had demanded, and over which pressure is now mounting over a wider front. This could yet prove to be a major test to see how far the Zuma government is prepared to go in stamping out corruption.

In Selebi’s case, in the end it did not help him that he appeared to have initially enjoyed some political protection from the former Mbeki administration; nor that he could employ the police he commanded to arrest the man who was investigating him, Gerrie Nel, in front of his family on charges that were thrown out by a court a few days later and who later successfully prosecuted him. Perhaps Selebi had been unfortunate that there had been a change in regime from Mbeki to Zuma.

Ultimately, it was an independent judiciary that feared or favoured none which led to Selebi’s demise. For South Africa, the fact that it could convict its powerful, most senior police chief when he went south of the law, is a major plus. And that, it seems, is where this case will end.

Different scenario for Siyabonga

In Siyabonga’s case, however, the political fallout may still continue, having the potential to possibly hamper or obscure the judicial processes required to clear up this saga in its entirety, including the role played by Nyanda. With reference to the case of Gama and Nyanda, there are powerful elements within the ruling African National Congress (ANC), which does not wish to see the status quo disturbed.

The parastatals and other state entities offer lucrative business opportunities for the well connected, and using the Gama/Nyanda affair as justification for a cleanup could invite strong resistance from those with a finger in the pie.

This much was already seen when Vavi publicly reminded President Zuma of the alleged involvement of Nyanda in the Gama affair, leading to his being threatened with a disciplinary hearing by the ANC’s national working committee (NWC) as well as legal action by Nyanda. The meeting of the NWC which wanted Vavi disciplined was allegedly controlled by “nationalists” who have vested business interests linked to the state.

Gama himself responded to his firing by saying through his lawyer that the charges brought against him at Transnet were politically motivated, as they were only brought two years after his indiscretions took place and once he openly indicated an interest in becoming Transnet’s chief executive. Gama had an excellent track record prior to that, turning around two Transnet entities to profitability.

He has accused Public Enterprises Minister Barbara Hogan of orchestrating his hearing and dismissal for her own political ends. Hogan similarly landed in the political crossfire when she was perceived to have played a role in eventual  resignation of the former chief executive of state power utility, Eskom.

TimesLIVE reported online on Monday that Gama’s laywer said: “The role of Minister Hogan, in calling for the dismissal of Gama, has shocked [him] and his family, and it revealed the multiple manifest political and economic interests that Gama might have trampled on when 'he raised his hand' for the job [as Transnet CE]".

Be that as it may, legal experts such as University of Cape Town Professor Pierre de Vos have come out saying that, following the outcome of Gama’s disciplinary hearing, the police now have a duty to investigate the multimillion-rand Transnet tender “irregularly” awarded to Nyanda.

A finding has been made by an independent arbiter following correct procedure – the Transnet disciplinary hearing – that a tender has been illegally awarded to Nyanda’s company. According to the experts, that in itself is grounds for a proper police investigation and possible prosecution.

The question now is whether or not the Zuma administration will – through the offices of a close Zuma confidant Police Commissioner Bheki Cele – allow a minister in the Zuma Cabinet, Nyanda, to be subjected to a serious investigation and possible criminal prosecution.

Proper independent investigation to prove or dispel any possible alleged irregular role that Nyanda may have played could do much to further restore faith in the fact that South Africa has an independent criminal justice system which is not manipulated by politicians, and that no one is above the law. The country badly requires such reassurances.