MANDY WIENER: We are way too accepting of clouds over politicians’ heads

Peak state capture era. That’s the vibes given off from the swearing-in of three of the uMkhonto weSizwe’s MPs this week. Former Eskom CEO Brian Molefe, ex-Transnet boss Siyabonga Gama and former Prasa head Lucky Montana are now Parliamentarians, despite being deeply implicated by the Zondo Commission into State Capture. 

They were welcomed to their roles by the MK Party’s chief whip and impeached Judge John Hlophe as well as ex-Police Minister Nathi Nhleko of the Nkandla fire pool fame. 

It's not uncommon for us to see tainted figures becoming lawmakers in South Africa. I have written before about how low the bar is for starting a political party and for becoming an elected leader.    

But in this Government of National Unity era, in which there is an upswing in sentiment and optimism about progress being made, this development feels like a throwback. 

Hlophe feels differently. He believes the new MPs are the best of the best. 

"There’s no rational human being or institution in South Africa that can rationally dispute that these leaders and members of Parliament and MKP constitute the best of the best in society."
And despite being criminally charged with contravening the PFMA and fraud to the value of almost R400 million, Molefe et al argue that the Zondo Commission was selective in how it interpreted evidence put before it.  

The MK party arrived on the scene of the elections with a statement, winning almost 15% of votes nationally and positioning itself as the third biggest party in the country. It is also the official opposition in Parliament. 

But what it is effectively doing is seeking to do is to destabilise institutions of democracy from the inside. If any of those MPs who are facing trial or potential criminal charges were appointed to the oversight committee on Justice or Correctional Services, there would be a conflict of interest. 

It’s much the same as having an impeached Public Protector sitting on the Justice Oversight Committee, which the EFF has done with Busisiwe Mkhwebane. 

While Hlophe and Mkhwebane have been impeached, that does not prevent them from being MPs. Criminal charges are also not sufficient to keep an ambitious politician down. Only a conviction has that desired effect. 

Quick reminder. According to the Constitution, every citizen who may vote is entitled to be a member of the National Assembly except members of the provincial legislature and municipal councils, insolvents, people declared by a court to be mentally unsound, and people convicted of an offence and sentenced to more than a year in prison. Those people can become MPs again five years after their sentences have been completed. I mean, WTF. 

This all now means pressure ramps up on the National Prosecuting Authority and the Investigating Directorate to do its job and convict people who have been charged or implicated in corruption. 

What is again evident is that the system of our wonderful constitutional democracy is not doing its job. While the law says one thing, it doesn’t necessarily mean an act or decision is morally or ethically sound. 

When will we catch up with other countries in the world where politicians’ decisions and records are held to higher scrutiny and where any sniff of wrongdoing sees them voluntarily fall on their swords?

Justice Minister Thembi Simelane is attempting to ride out an enormous reputational crisis by ignoring questions and media reports. A joint investigation by News24 and Daily Maverick has revealed that Simelane took a so-called ‘commercial loan’ from a company called Gundo Wealth Solutions, owned by a VBS middleman. Remember, she was the Mayor of Polokwane during the height of the VBS scandal and that municipality pumped millions into VBS. Also, Gundo Wealth Solutions was not registered to give out loans, so it all stinks. 

Simelane has dodged questions in Parliament but has been summoned to explain herself to the President. She is failing Crisis Comms 101 – she should come out and be honest and transparent and provide the public with proof if she is going to retain the integrity and credibility required to hold the position of Justice Minister. 

She is conflicted considering she is the Minister that has oversight over the NPA and ID which could ultimately charge her criminally. 

In Parliament this week, ActionSA parliamentary leader Athol Trollip asked: "Does having a Minister of Justice who herself has a cloud of suspected corruption hanging over her head not undermine our efforts to win the war against corruption? And notwithstanding her undertaking to cooperate fully, is it not more prudent for her to vacate her position until her name has been cleared?"

Precisely my point. 

Simelane does serve at the behest of the President so he could decide that having a tainted Justice Minister doesn’t meet the interests of his reform agenda and promise to renew the ANC and fight corruption. It may also be a key initial stumbling block for the GNU government with several parties calling for her to be removed. 

But the fundamental problem is that we have become so accustomed to having our elected leaders under a cloud and tainted that this is really run of the mill. 

This week at the Compliance Institute of Southern Africa conference I MCd, Professor Jonathan Jansen was in full outrage about how we in the media could be so accepting of having individuals such as Molefe, Gama and Montana as MPs. “How do you lead a country, and you are implicated in corruption!” he despaired. Jansen pointed out that we see corruption a bit like we see climate change. We can see the weather changing and the world is getting hotter, but we still don’t respond or think it doesn’t exist. 

Sadly, it seems that we are so used to the hanging clouds over our politicians’ heads that we almost don’t even see them anymore.