Share

MPs fume as Parliament fails to provide resources for state capture inquiry

accreditation

Parliament’s commitment to get to the bottom of state capture allegations involving some of the state owned companies has been questioned by MPs tasked with probing the matter.

They want an urgent meeting with the National Assembly Speaker Baleka Mbete to demand that resources be made available for the inquiry which will focus on governance issues, procurement and financial sustainability of Eskom, Denel and Transnet.

Outraged MPs registered their dismay during a preparation meeting of the portfolio committee on public enterprises yesterday when they heard that Parliament would not afford extra resources for their inquiry into what would effectively be a mini investigation of the so-called capture of the three entities.

There is still no starting date for the inquiry which was initially scheduled to start at the beginning of this month, and yesterday things looked bleak as the acting chairperson of the committee Zukiswa Rantho of the ANC, and a Parliament legal advisor revealed that the institution would not afford to source the services of an outside legal mind.

Last month, the multi-party parliamentary committee resolved to get the services of Ntuthuzelo Vanara, a Parliament legal expert who was the evidence leader in the breakthrough inquiry on SABC late last year. In the event Vanara was not available, the committee had hoped to get the services of an external legal eagle who would lead evidence in the state capture inquiry.

Rantho informed MPs that not only will the committee not get Vanara’s services because he now works for a different unit of Parliament where he was preoccupied with MP’s register of interests, but that “Parliament also said they do not have resources or they would not have money to get a person from outside because any person who would do that [lead evidence] from outside would require a lot of money”.

The committee had hoped to follow a similar process to that followed by the special committee which was established by Parliament to probe the SABC and make a finding on the fitness of the SABC board utilising an evidence leader to assist in this regard.

Parliament legal advisor Sueanne Isaac told the MPs that the privileges of MPs to operate in an environment that guaranteed immunity from arrest, detention, prosecution or harassment, did not extend to Parliament staff or external persons as these do not enjoy the constitutional protection of parliamentary privilege afforded to MPs.

Isaac said the National Assembly could conduct the SABC inquiry in the manner it did because the Broadcasting Act which regulates the SABC makes provision for such an inquiry to be held, while there was no similar law in terms of the public enterprises portfolio. The legal advisor argued that statutory inquiries should be differentiated from an oversight inquiry which seeks to oversee and hold to account the executive or an organ of state.

“While members must receive support from staff and have access to resources to ensure that they effectively conduct oversight, they should not relinquish their oversight to unelected officials or third parties. Members [MPs] must both lead and direct oversight processes,” she said.

MPs were outraged, saying they are facing unprecendent levels of state capture and that would require a level of expertise.

“I want to indicate my total dismay at the failure of Parliament to provide the necessary resources for this purpose as it emanated from us as a PC and a commitment was made by Parliament that let us do our work as entailed in the Constitution and the necessary resources will be provided,” said Zukile Luyenge of the ANC.

“There is a hypothetical view that there are trillions of monies being used in a manner that is not appropriate and that is a problematic statement; that actually prompted us … there are people and families that are looting the state resources, and the very same state is unable now to provide resources to unearth what is inappropriate,” he added.

DA MP Natasha Mazzone questioned Parliament’s commitment to ensuring MPs performed their oversight role optimally, saying an outside legal evidence leader was a crucial resource for the committee.

MPs across the board argued that for the process to be fair and effective, a skilled legal person was crucial as the witnesses would possibly bring the best legal minds to protect their own interests. They also questioned how Parliament could not support efforts to recoup the billions or trillions allegedly spent inappropriately by state companies.

“The worst thing that could happen is having a Gupta in the House [Parliament], and an inept evidence leader,” warned Luyenge.

The committee has 27 names on its list of witnesses so far but more people have indicated their interest to give more information to the inquiry when it starts its work, according to Rantho.

We live in a world where facts and fiction get blurred
Who we choose to trust can have a profound impact on our lives. Join thousands of devoted South Africans who look to News24 to bring them news they can trust every day. As we celebrate 25 years, become a News24 subscriber as we strive to keep you informed, inspired and empowered.
Join News24 today
heading
description
username
Show Comments ()
Voting Booth
Do you believe that the various planned marches against load shedding will prompt government to bring solutions and resolve the power crisis?
Please select an option Oops! Something went wrong, please try again later.
Results
Yes
20% - 103 votes
No
80% - 403 votes
Vote