South Africa started well in 1994 as we continued on the road of the noble ideals of protecting human rights and promoting the freedom of our people. There is much to be proud of, but the hard reality is that corruption, lies and mismanagement has been tearing at our socioeconomic fabric to the point where this nation has been brought down on its knees. It is for this reason that the United Democratic Movement dedicates Freedom Day 2019 to Professor Thuli Madonsela, our brave former Public Protector. The quiet, but firm style with which she ran her term of office is much to be admired and she earned the hearts of a grateful nation. Her mettle, professionalism and resolve saw Professor Madonsela stare down the lion’s maw when she pronounced on corruption in the highest office of the land and state capture. If not for her, this country would have gone down the drain of dishonesty of the highest order. It is time for South Africans to claim back their country from the corrupt and the delinquent. The 8th of May will be a watershed election and the voter must no longer be fooled by shiny parades and rallies that is held to mask how deep the rot has spread. The UDM wishes all and sundry a blessed Freedom Day. Statement by Mr Bantu Holomisa, MP UDM President
Deputy Chief Justice Raymond Zondo Private Bag X1 Constitution Hill Braamfontein 2017 Dear Sir STATE CAPTURE INQUIRY NEEDS A STRONG TEAM COMPRISED OF VARIOUS EXPERTS AND THE FORMER PUBLIC PROTECTOR’S FINDINGS AND REMEDIAL ACTIONS MUST FEATURE STRONGLY IN THE TERMS OF REFERENCE The United Democratic Movement (UDM) congratulates you on your appointment as the head of the inquiry into State Capture that has been instituted based on the prima facie evidence uncovered by, and the advised course of action of, the former Public Projector Thuli Madonsela. You have an enormous task ahead of you that will require in-detail investigation, sober minds, strict adherence to the law. To describe this inquiry as “tricky” is a somewhat of an understatement. The UDM wishes to submit that you should be surrounded by strong team which includes forensic audit experts, and representatives of the Hawks, to ensure that no stone is left unturned, and that the paper trails are followed to exhaustion. It would also be advisable that the National Intelligence Agency NOT be involved in any shape or form. Regarding the terms of reference for the inquiry, the prima facie evidence and remedial actions, as stated by the former Public Protector, should form the basis thereof. It is the work of the former Public Protector, her findings and remedial actions which saw the UDM and other parties in and out of court to force the matter to fruition; we have at last reached that point, where the truth will be revealed. We would however suggest that one of your urgent first stops should be a meeting with all the banks where the Gupta family held accounts to establish exactly how money was laundered and why, in fact, their accounts had been closed. This will of course require a detailed forensic auditing as well. The second aspect that bears urgent scrutiny is, which State-Owned Enterprises (SOEs) had tainted relationships – no matter how tenuous it may seem at face value – with the Gupta family, but in particular which individuals and/or political parties may have benefitted from shady dealings and corruption. We wish you the best in this onerous task and hope that you will thresh the corn from the chaff to get to the bottom of State Capture and that any and all guilty parties will be brought to book. Lastly Sir, you will agree that time is of the essence. To have any delay in starting your work, or to have a drawn-out affair would not serve justice. We are not proposing that thorough investigation should be sacrificed for speediness, but the Nation deserves the full truth as soon as humanly possible. Yours sincerely Mr Bantu Holomisa, MP UDM President
Dear Advocate Madonsela REQUEST FOR AN ADDENDUM TO THE COSTS OF NKANDLA New details have emerged of how state funds were used to buy fittings, fixtures and building materials for private residence of the President. I am aware that your office was not granted access to this information, however, it is now in the public domain. The former Deputy Director General of the Department of Public Works, Rachard Samuel, is reported to have compiled a dossier revealing the following as costs that were paid by the department towards the private renovations of the private residence of the President. According to the Sunday Times report of the 27 March 2016, Rachard Samuel listed costs, totalling to a whopping R4, 6 million which is broken down as follows: 1. R1.5-million for air-conditioning at two private houses, a guesthouse and a guardhouse. This is apart from the R5-million for air-conditioning detailed in your report and that of the Special Investigating Unit (SIU); 2. R311, 932 for covered walkways between private residences; 3. R54,721.20 for six meranti doors and 26 meranti window frames; 4. R11,850 for hinges and bolts, doorstops, stainless steel hat-and-coat hooks, and six doormats that cost R1500 each; 5. R34,834.80 for aluminium sliding doors – without bulletproof glass – and other aluminium installations; 6. R38,517 for bulletproof sliding doors; 7. R63,215 for plastering materials, R23,300 for tiling and R41,406 for painting internal and external walls; 8. R271, 796 for carpentry and joinery, including roof construction; and 9. R2.4 million for “extras”. I believe, that your office has the authority to summon this information, and approach the Office of the Chief Justice for a proper guidance on how to deal with the new exposé. If this information is true as I believe, then it should help the National Treasury in making a proper determination of the costs to be personally paid by the President. I look forward to a favourable consideration of this request. Kind regards, Mr Bantu Holomisa, MP President of the United Democratic Movement
The Public Protector Hillcrest Office Park 175 Lunnon Street Pretoria 0001 Dear Advocate Madonsela REQUEST FOR A FORENSIC AUDIT ON INKANDLA NON-SECURITY EXPENDITURE Following the release of your report on the Nkandla Security Upgrades as well as the Report of the President to the National Assembly; the National Assembly appointed an Ad-Hoc Committee which made the following recommendation with respect to non-security upgrades: “the Committee recommends that the matter of what constitutes security and non-security upgrades at the President’s private residence be referred back to Cabinet for determination by the relevant security experts in line with the Cabinet Memorandum of 2003. Cabinet must report back to Parliament on the steps taken to give effect on this recommendation within three months”. This recommendation was adopted by the National Assembly through a majority vote. On the 18th and 19th of March 2015, the Speaker of the National Assembly convened a meeting of the Leaders of the Parties represented in the National Assembly. The purpose of the meeting was to first advise the party leaders that the Minister of Police has indicated his readiness to present the report on the non-security expenditure on Nkandla. Secondly, it was to secure the support of the party leaders that they be briefed by the Minister of Police on the contents of the Nkandla non-security upgrade report, and in turn for them to agree to blackout what she referred to as sensitive areas, all this was to be done before the same report is presented to the National Assembly. However, during the meeting, I personal asked the Speaker; whether the report is based on the report of the Public Protector or the report of the President and or that of the Ad-Hoc Committee. This question was not answered and it remains not responded to. The above question is critical and at the centre of what I wish to bring to your attention for a possible action. The report of the Public Protector says with regard to the matter at hand: “The President is to: take steps, with the assistance of the National Treasury and the SAPS, to determine the reasonable cost of the measures implemented by the DPW at his private residence that do not relate to security, and which include Visitors’ Centre, the amphitheatre, the cattle kraal and chicken run, the swimming pool. Pay a reasonable percentage of the cost of the measures as determined with the assistance of National Treasury, also considering the DPW apportionment document”. The President in his response to the Speaker said with respect to this matter: “the Minister of Police as the designated Minister under the National Key Points Act, to report to Cabinet on a determination to whether the President is liable for any contribution in respect of the security upgrades having regard to the legislation, past practices, culture and findings contained in the respective reports”. What is interesting in both the report of the Ad-Hoc Committee and that of the President, is the omission of the critical role of the National Treasury. In my understanding, amongst other reasons that the report of the Public Protector would have seen a role for the National Treasury, was the internal expertise within that department in handling matters of this nature. Whilst I have not seen the report, I am unable to see how a determination on this matter could be arrived at, without forensic auditing as I believe that the same methodology could help to verify how much the then architect and contractors at Nkandla could be liable for. It is my humbly request that your good office cause the National Treasury to conduct a forensic audit in order to determine the actual amounts that constitute what is non-security upgrade in Nkandla. I do not see how best this can be done without such scientific process being followed. The President has, during the last question session in the National Assembly, emphasised the need for quantification of costs to be paid by him, if any. He protested, how can, he be expected to pay monies that are not determined and that he does not know. This clearly calls for this methodology to be considered for the finalisation of the matter. I look forward to your excellent guidance on this matter. Kind regards Mr Bantu Holomisa, MP President of the United Democratic Movement
Statement issued by Mr Bongani Msomi, UDM Secretary General The barrage of attacks, both on the person and office, of the Public Protector are becoming more and more creative. The United Democratic Movement (UDM) has noted the claims that she is on the Central Intelligence Agency’s (CIA) payroll and we find it distasteful. The sounds coming from the peanut gallery are a desperate attempt at discrediting a constitutional body that is doing its job properly. These statements, such as what Deputy-Minister Kebby Maphatsoe made at the weekend, is a clumsy attempt to protect President Zuma at all cost – even at the expense of our august Parliament and the credibility of the ruling party. For a Cabinet Minister to make such a statement is unbecoming. The UDM would ask the Deputy-Minister, should he have irrefutable truth that indeed Advocate Madonsela is on the CIA’s payroll, he should share that with the public. The UDM also noted that the ruling party had stopped at nothing to defend former Electoral Commission Chairperson Pansy Tlakula. The fact President Zuma’s office and his party has said nothing in defence of the Public Protector is extremely ironic.
President Jacob Zuma’s latest outburst, in response to Public Protector Thuli Madonsela’s findings on Nkandla, is yet another demonstration that he is not a moral agent and unfit to lead South Africa. Firstly, Mr Zuma – as the chief executive of the country – ought to have known everything that related to government spending at his private residence. Particularly given the amount of public money involved. His continued posture, playing ignorant, does not only expose his ineptitude, but also his moral incompetence. Secondly, whether or not he was aware, this gross maladministration and corruption literally happened right under his nose – in his own backyard – upon the instruction and under the supervision of the ministers he had appointed. Thirdly, there is enough evidence that shows President Zuma’s intimate involvement in the project, which is in direct contrast to what he said in public. The Public Protector’s report states that: “It is my considered view that the president tacitly accepted the implementation of all measures at his residence and has unduly benefited from the enormous capital investment“. Fourthly, Mr Zuma’s personal architect, Mr Makhanya, who seemed to have his own interests at heart, is implicated in wrong-doing and possible criminal acts. Surely, the president is morally responsible for the acts and/or omissions of his personal architect. Mr Zuma continuously claims to be unaware of everything; from the Waterkloof scandal to the billions of dollars reportedly cached in South Africa by former Libyan dictator Muammar Gaddafi. Clearly the president cannot be entrusted with the stewardship of South Africa. The United Democratic Movement (UDM) has no doubt that the president was fully aware of the project, progress and undue benefits. The UDM agrees with African National Congress Member of Parliament, Mr Pallo Jordan, that Mr Zuma’s administration is littered with scandals and that he must have the moral courage to take responsibility. The president and his government cannot be allowed to lie to the public forever. The citizens must take charge. This is our country.
The scathing report of the Public Protector on the so-called Nkandla “upgrades” probably marks one of the darkest moments in the history our country since the advent of democracy in 1994. The findings that President Zuma has once again violated the Executive Members Ethics Code through his failure to act in protection of state resources, that he tacitly accepted the implementation of all measures at his residence and has unduly benefited from the enormous capital investment, must be offensive to any nation that takes pride in the values espoused in its constitution. No individual can be above our nation and our laws. We agree with the Public Protector when she says, “…if government becomes lawbreaker, it breeds contempt of law”. The report, in finding guilty various ministers and departments, is an indictment of our government and the ruling party. Advocate Madonsela’s report exposes the conspicuous lack of shame of the ruling party, its ministers and its leaders. The Comrades in Corruption have a propensity to deceive the citizenry in defence of its susceptible president and each other. The ministers’ calculated deception and ex facto justification of the spend is an indication of how institutionalised corruption has rooted itself in government. The fabric of our nation’s probity has been corroded and confidence has waned in the leadership, body politic and integrity of our nation – all because of one man and what was done in his defence. The ANC’s continued disregard of the many voices of conscience, inside and outside its ranks, and failure to put South Africa first, is a clear indication that only the voters can stop them now. We therefore urge voters to send the message loud and clear: “We Can Stop Corruption”. The United Democratic Movement (UDM) also pays tribute to the late Mandy Rossouw who exposed this scandal through her courageous and diligent journalistic work. Her extraordinary work reinforces our belief that a free media remains one of the pillars of our constitutional democracy. There is no doubt that somewhere up there she looks down upon South Africa with a broad smile. In addition, we continue to be impressed with the meticulous and diligent way in which the Public Protector and her team carries out their functions. We have full confidence in the constitution and all its institutions that are meant to strengthen our democracy. After having witnessed this situation unfold, it is clear that electoral legislation in South Africa must change to allow the people to hire and fire their own president. We cannot sit; do nothing and suffer the consequences. We, as the people, must take responsibility and take charge. Now is the time for our nation to stand up against corruption. We can change what has become systemic corruption if we rise to the challenge.