Bongani Hans
THE Law Society of South Africa (LSSA) has called for Justice and Constitutional Development Minister Thembi Simelane to be subjected to an independent investigation, which will establish the facts behind the alleged VBS-related scandal.
The LSSA made the call in reaction to allegations dating from when Simelane was the mayor of Polokwane Municipality.
It was alleged that at the time she received financial assistance of R575 000 which she, in her defence against the allegation, said was a pure loan that had nothing to do with the municipality depositing its funds in the VBS bank.
The money, which she used to buy a coffee shop in Sandton, came from Gundo Wealth Solutions whose owner, Rallion Razwinane, is currently on trial for fraud, corruption and money laundering from the municipality’s investment into the now-defunct mutual bank.
Simelane had on several occasions, including to the Portfolio Committee on Justice and Constitutional Development last week, denied wrongdoing.
However, the LSSA, through its vice-president Nkosana Mvundlela, wants full accountability.
“We urge that any investigation into these allegations be conducted independently, thoroughly, and without undue delay, as it is essential that the facts be established and justice served without prejudice or favouritism,” said Mvundlela.
Mvundlela said the allegations had created a conflict of interest between Simelane's role in overseeing the National Prosecuting Authority (NPA) and her dealings with VBS-linked entities. He said this warranted careful and impartial scrutiny.
“As a leader in the justice system, the minister must ensure her actions, both personal and professional, meet the highest standards of integrity,” said Mvundlela.
However, Mvundlela commended Simelane for subjecting herself to public scrutiny, even through the media and a parliamentary committee, saying this was “the right step in demonstrating transparency”.
“However, we join the call for further transparency, particularly regarding the loan in question.
“Transparency is crucial to maintaining public trust in our legal institutions and the individuals tasked with their oversight,” he said.
Portfolio committee chairperson Xola Nqola said, after having questioned Simelane, the committee was awaiting the legal opinion from Parliament’s Legal Services Unit about the way forward.
“The committee will first consider the contents of the opinion and only afterwards determine a way forward.
“The committee is unable to pre-empt a way forward [as] at this stage we are still awaiting the legal opinion whose contents should further be looked at to determine the next step,” said Nqola.
Simelane, an ANC MP, hogged the headlines shortly after being appointed as the Minister of Justice and Constitutional Development in July.
When asked if the ANC’s integrity commission had considered summoning Simelane, its chairperson, Frank Chikane, said he could not reveal this, as it might look as though he was politicising the matter.
“We have the right to call people but we don’t go around saying we have called so and so. I don’t want to enter into a trend of being a frontier judge,” said Chikane.
He said only the ANC would announce when Simelane would appear and the outcome of a hearing.
“She must not feel that I was being political about the matter before she appears.
“Stick to the statements of the ANC, and if it says she would appear before the commission, and once she had appeared, you will hear again from the ANC, not from the commission,” said Chikane.
In a statement, Simelane said she would steadfastly adhere to ethical governance and transparency by subjecting herself to public scrutiny and accountability.
She said the controversies surrounding her would not interfere with the work of the NPA.
Her spokesperson, Tsekiso Machike, said: “Decisions regarding prosecutions are independently handled by the NPA and the minister’s role does not extend to this process.
“Her appearance before the committee underscored her readiness to co-operate fully with any process seeking clarity on this matter.”
Machike said Simelane would co-operate fully with all inquiries as her conscious was clean.
“She has repaid the capital investment in three instalments from her personal FNB account, including over R250 000 in interest.
“The minister has assured the portfolio committee of the existence of proof of payment,” said Machike.
President Cyril Ramaphosa said he was considering the matter after receiving a report from Simelane. Ramaphosa said he would not engage about the matter in public.