'I would not interfere with NPA's work in VBS Mutual Bank probe,' Simelane tells parliament

Minister of justice and constitutional development Thembi Simelane has assured parliament she would not interfere with the work of the National Prosecuting Authority (NPA) as her ties to corruption-accused Ralliom Razwinane were questioned after allegations that she could have benefited from the VBS Mutual Bank heist.

Simelane appeared before the parliamentary portfolio committee on justice and constitutional development on Friday to explain how nearly R600,000 was given to her by investment broker Global Wealth, which was contracted to manage investments for the defunct VBS Mutual Bank.

After explaining in the morning that Global Wealth was appointed as a service provider that would earn commission on such investments, she said she received a loan from the company to buy Silvana’s Bistro, a coffee shop in Sandton.

Simelane explained that she eventually paid back the full amount, including interest, over three payments in October and November 2020 and January 2021.

Razwinane, the owner of Global Wealth Solutions, is standing trial on 13 counts of corruption linked to the looting of the dissolved VBS Mutual Bank. Two of the corruption charges concern a portion of the kickbacks he allegedly received, which were apparently loaned to Simelane.

On her relationship with Razwinane, Simelane said her interactions with him happened when the transactions between the two were concluded.

“I do not have a personal relationship with Ralliom. In [my] report [to parliament], it indicates that the relationship ended when we concluded the business. Yes, it is someone that I now have known, but I do not have a relationship with him that I constantly engage in. [The relationship] was about the transaction that we are discussing,” she said.

EFF MP and former public protector Busisiwe Mkhwebane referred to section 96 of the constitution which deals with the issue of conflict of interest and states a cabinet minister should avoid being in such conflict.

“I am interested in that, especially how other honourable members have raised the issue of the perception which is out there that you are the executive authority for the NPA. Yes, the NPA is impartial and needs to do their work without fear or favour ... You are still the executive authority and the NPA might be compromised by whoever is the executive authority.

“In your view, how do you think you will deal with this matter going forward? We want you to hold them to account. NPA’s performance is terrible. There are a lot of high-profile cases which they are delaying to finalise ... which we, as MPs, would want you to make sure [the NPA] fast tracks those, VBS Mutual Bank being one of the critical ones,” Mkhwebane said.

In her defence, Simelane said she might be the minister of the justice department but is not responsible for how the NPA executes its mandate. She said she had not seen any report from the NPA regarding the VBS Mutual Bank cases being prosecuted.

It was up to the director of public prosecution (DPP) and the national director of public prosecution (NDPP) to make the final decision on prosecuting matters. The justice minister does not decide who should be prosecuted or not, she said. Despite legislation permitting the minister to intervene on request, she had no intentions of making such a request.

“I do believe it would be in areas where they need assistance that they will raise assistance, as the NDPP always does, on issues that need discussion. [The NPA] is responsible for prosecution. If I have this influence, it means I will go to the judge presiding over the matter to say that out of the 13 charges, keep [some] and take out [the others]. It is also not possible.

She said even if the NDPP were to request permission to investigate Razwinane, the matter was already in court for the past two years.

“There could be a perception of career limiting ... You can have a perception but it must be backed up by facts and clarification must be given.”

Freedom Front Plus MP Heloise Denner asked Simelane if she would welcome a probe by the Hawks after they reportedly raided her former personal assistant’s home to seize documents and WhatsApp messages in their probe into the allegations against the justice minister.

She also asked if Simelane would be willing to vacate her office pending the outcome of such investigations should they happen.

“I think it would be pertinent for the person at the top of the pyramid to step aside while the investigation is going on until you are cleared or found otherwise. You can tell us you won’t interfere but there will ultimately be an impact on investigations and prosecution if the person on the top is being investigated and prosecuted,” Denner said.

Simelane said she has no choice in the matter of being investigated but would “definitely” welcome it.

“I don’t even have to be consulted. Police don’t consult with you [before they investigate you] ... It can’t happen in this instance. I just heard from you now about the raid. I’m not even aware of it. A raid gets approved by a judge if it is a legal raid. If I had such influence, the raid you are talking about [wouldn’t] have happened.”

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