Africa-Press – South-Africa. The ANC in KwaZulu-Natal has criticised the State for taking too long to progress with court cases, particularly the corruption matter involving former eThekwini mayor Zandile Gumede.
“It is completely unacceptable that you arrest a person, even if that person is not a comrade or leader of a movement or any party – you arrest that person almost two years down the line, you’re still saying I want to investigate before I charge you,” provincial secretary Mdumiseni Ntuli said on Thursday.
He was speaking at the ANC KZN provincial headquarters, where the party held a press briefing following a provincial executive committee (PEC) meeting.
The PEC has reinstated Gumede as a member of the provincial legislature, a deployment also heavily criticised after she was removed as eThekwini mayor for under-performance.
Ntuli said it was disturbing that Gumede was arrested and had been in and out of court, without knowing the details of the charges she faces.
In Gumede’s previous court appearance last week, the magistrate, Dawn Somaroo, lambasted the State for taking too long to finalise a key forensic audit report as well as formal charges.
While the report was ready, the State had not yet read it.
State prosecutor Ashika Lucken, who is up against Gumede and her legal team, had repeatedly stated that Gumede and others were, in part, arrested to prevent them from intimidating municipal staff, who are witnesses in the case.
The Hawks investigating officer, in court papers, previously stated that Gumede was using her influence to manipulate and interfere with tender processes.
Ntuli, however, maintained that the National Prosecuting Authority (NPA) had to do better.
“That is the failure of the State [taking long] and that is the issue the PEC is raising, to the extent that the integrity commission is not worried about the charges, valid or not valid, but [also that] its own determination can’t be independent of that analysis [what the charges are],” Ntuli said
While the State still has an opportunity to present final, formal charges to Gumede, she is thus far implicated in fraud and corruption related to over R430 million in tender fraud at Durban Solid Waste (DSW).
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Ntuli said: “In the first place, the reason why comrades are referred to the integrity commission is precisely because of the court case, a court case that is almost non-existent.”
Ntuli said Gumede and others, who had appeared before the provincial integrity commission, reported poor court processes.
“Comrades are reporting in the integrity commission, ‘we have gone to court, they told us we must come back four months later. We come back four months later, they say they are still not ready and we must come back the following year’.”
He said this led ANC members to believe state organs were being used for politics.
“It gives an impression to comrades that there are people in this country and within the ANC who are convinced that State organs are being manipulated and used in order to advance political agendas.”
NEC needs to adopt a guideline for provincial integrity commissions
Ntuli also said the national executive committee (NEC) of the ANC had to outline how provincial integrity commissions worked with national.
“The PEC has been insisting that, unless a framework and guideline is adopted by the NEC, we are going to have a crisis in terms of implementing the resolutions.
“The national integrity commission makes findings in a certain way, but provincial integrity commissions are making findings in almost similar cases, but in a different way.”
He said there was little guidance from national when it came to PEC recommendations.
“The problem with that, once the provincial integrity commission makes a finding, and recommendations are put before the PEC, in terms of our procedures, there is no absolute clarity as to whether or not a PEC can say ‘hang on we disagree with what you are saying, and because we disagree with what you are saying, this is how we are going to act on this matter’.”
