Parliament’s ethics committee has cleared four MPs who were identified by the Zondo commission for possible wrongdoing.
Thulas Nxesi
The committee announced on Tuesday that it was satisfied with the explanation and evidence provided by labour and employment minister Thulas Nxesi that the payments he received from controversial businessman Edwin Sodi were not for his personal benefit.
The matter related to payments made to “perceived politically connected people”, who appeared not to have provided any goods or services to Blackhead Diamond Hill joint venture to justify the payments made to them.
The committee said Nxesi clarified that his name appeared as a reference for the payment(s) but that the payment was not made to him. “Rather, the payment was the result of a fundraising initiative. He undertook to raise money to assist two families in financial need,” read the committee’s statement.
The committee considered the proof of the payment and found that it confirmed Nxesi’s version of events. It therefore found that he did not breach the code.
It emerged in the Zondo commission that Sodi had made two payments of R30,000 and R15,000 towards financing the school needs of two underprivileged pupils after he was approached by Nxesi.
Sodi is the businessman who was awarded a R255m asbestos tender in the Free State. He was quizzed at the commission about transactions from his company’s bank account that made reference to top ANC leaders and ministers.
Cedric Frolick
The ethics committee also cleared Cedric Frolick, the National Assembly’s house chair for committees, oversight and ICT, who was implicated in wrongdoing with regards to Bosasa.
Former Bosasa COO Angelo Agrizzi alleged that Bosasa owners (the Watsons) tasked Frolick with “crossing the impasse” between their company and Vincent Smith, who chaired the portfolio committee on correctional services then at a R40,000 monthly benefit.
The committee also looked into allegations that Bosasa paid for Frolick's R2,744.28 accommodation for two nights at the City Lodge Hotel at OR Tambo airport in August 2021, and that he intervened and persuaded (one of the Watson brothers) to withdraw litigation against the department of correctional services.
The committee said in considering the matter, it noted that the code of ethical conduct and disclosure of members’ interests was adopted by the houses of parliament in July 2014 and came into operation in November that year and it did not have retrospective effect.
“As the matters covered in the report predate the code, the code cannot be applied to alleged conduct.”
The previous code did not have provisions dealing with matters relating to the alleged conduct dealt with in the report, such as:
- trying to influence/or influencing a chair of a portfolio committee to be biased towards a private entity contracted to provide goods and services to a government department;
- facilitating and arranging a meeting between the private entity and the chair of the portfolio committee;
- receiving payment(s) for trying to influence an MP to be biased towards a private entity; and
- intervening in litigation between a private entity and a government department.
The committee found that Frolick did not breach the code as it pertained to the stay at OR Tambo because his directorship with the Eastern Province Rugby Union was disclosed and Eastern Province Rugby paid for the accommodation, and this was disclosed.
Mosebenzi Zwane
A complaint by civil society organisation #UniteBehind, Zackie Achmat and Zukiswa Fokazi that Mosebenzi Zwane’s alleged unlawful conduct in the Vrede dairy matter should disqualify him from parliamentary membership did not succeed.
They also claimed that his stint as minister of mineral resources was exposed to the criminal conduct of the Gupta family and as chair of the transport portfolio committee, he failed in the oversight over Prasa and the minister of transport.
The committee decided that the Vrede dairy matter did not fall within its jurisdiction as Zwane was an MEC of the Free State at the time and not an MP.
It said that its previous investigation into Zwane’s role as minister of mineral resources dealt with the issues raised and has already made a finding against him.
With respect to his oversight role, Zwane denied that he failed in his duties, saying oversight was a committee function and not an individual function.
Further, he set out the oversight conducted by the portfolio committee with respect to certain train stations. The committee accepted his explanation and concluded that the complaint was unfounded.
Winnie Ngwenya
The committee cleared Winnie Ngwenya, the National Council of Provinces chair responsible for oversight and institution support.
Her matter also related to Bosasa and its interaction with the department of correctional service and the portfolio committee.
The committee said certain parts of Agrizzi, Dennis Bloem and Vincent Smith’s testimony referred to her.
The committee said Ngwenya categorically denied the allegations against her, indicating that she did not know why Bloem had implicated her in the Bosasa matter.
“She also indicated that she never met Smith at a hotel in Rivonia Road [and] that she does not reside close to the Bosasa offices.”
The committee accepted her explanation and found that she did not breach the code.
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