RSA: Media Statement on the Report by Mandy Wiener: “How Gigaba Ignored a Legal Opinion on Challenging the Guptas’ Citizenship” (17.10.2018)
I write what I like.
The committee visited the office on Friday last week and raised concerns around reported security challenges around the centre.
CAPE TOWN, South Africa, September 5, 2018 – The Portfolio Committee on Home Affairs has set aside three days to hold the investigation into the process followed in the naturalisation of the Gupta family. The committee has concluded the initial phase of the inquiry (collection of all relevant information) and has identified gaps which need to be clarified by certain people to assist the committee to arrive at a conclusion. The investigation will be held from Wednesday to Friday next week.
The committee has resolved to call the following people to give evidence before the committee:
The MEC for the North West Department of Education and Sports Development
The Head of Department of the North West Department of Education and Sports Development
Former DG Mkhuseli Apleni
Mr GC Christians (Former DHA employee)
Minister Malusi Gigaba
Any addition to the list will be determined by what information is received from the initial hearings.
The committee considers it a must for the identified individuals to attend the hearings and will request the Speaker to summon those that are not prepared to appear. “This matter has been in the public domain without resolution for too long. The committee is thus intending to bring this matter to finality,” said Mr Hlomani Chauke, the Chairperson of the Committee.
Meanwhile, the committee has resolved to move the meeting with the Department of Home Affairs (DHA), the South African Police Service (SAPS) and the Tshwane Metro Police on the criminality happening around the Desmond Tutu Refugee Reception Office, because on one hand the SAPS and Tshwane Metro Police did not send a representative to the urgently called meeting. On the other hand, the Department of Home Affairs did not seem prepared and willing to take responsibility.
The committee visited the office on Friday last week and raised concerns around reported security challenges around the centre. “The main reason the committee called the urgent meeting was to afford all role players the platform to find solutions to the security concerns. It is in this context disappointing that the matter was not ventilated,” Mr Chauke said.
Despite this unfortunate occurrence, the committee has committed itself to finding workable solutions to these concerns. It is in this context that the committee rescheduled the meeting to Tuesday next week and will invite the Ministers of Home Affairs and Police, the MMC for Community Safety (City of Tshwane), National Police Commissioner and the Tshwane Chief of Metro Police.
It is interesting, that after a decade of getting away from the Courts, having the African National Congress (ANC) holding his hands and singing kumbaya around the burning fire. Before dwelling, this is by all means about the laid charges on former South African President Jacob Zuma. Whose had has his scandals in the years as President, and since he has stepped down. The backers has left the building, the banks and the business has broken down. If there ever was a house of cards, the supporting team and the business associations with Zuma is a proof of the need of the Executive to do business in South Africa in the Zuma Era. Nothing else is more evident than the fall of the Gupta owned enterprises and the sudden need for Business Rescue. The ones that are losing on all of this, has been the citizens and the state in general. Since the Gupta’s and Zuma’s has eaten of the plate and left breadcrumbs for the citizens. Now it might be changes, as the evident charges are proving.
This is happening for a man, that for ten years stifled the courts, and the cost came up to about 15 million Rands. It proves the extent of ill-will and ill-intent from the President. How he could use his position and navigate to get wealth while being in office. Nothing was happening, because of his backers and appointments was in his grace. While the Gupta’s could foot the bills and shower him with gifts. It was the good old days, where the Executive Branch of Government could use the State Owned Enterprises as Personal Goodie-Bag for the Gupta Owned Companies and earn a handsome profit. But since resigning and handing it over to Cyril Ramaphosa, the tides has changed, it is proven with the charge sheet. I will take the most brazen parts of it. To prove how ill it was.
Zuma is accused of:
“In terms of section 136 of the (final) Constitution accused 1 may not have- (c) used his position or any information entrusted to him, to enrich himself or improperly benefit any other person” (P:13, 2018).
He got 16 Counts against him. This being fraud, racketeering and corruption. This is serious allegations, but nor surprising in the sense of Zuma. He could surely have dozens more, but then you need the evidence and the witnesses to the affairs. This might implicate people who are still in office. That is the danger, that is maybe why these charges have come with these businesses and not others. But that is mere speculations, but worth noting.
“Accused 1* needed funds to pay for the development of his traditional residential village estate at Nkandla in rural northern KZN. Plans for the development were dated March 2000. The development commenced in approximately July 2000. The final tender amount agreed to was R1 340 000 (after the development was commenced with). The development was finalized during March 2001. Various arrangements were made during the construction and subsequently to provide finance on accused 1’s behalf. At no stage during construction and thereafter has accused 1 been able to settle the outstanding
amount or obtain finance without the intervention and assistance of third parties, including arrangements for payment through Shaik in accordance with the agreement to disguise payments to accused 1 described above” (P: 26, 2018).
* Jacob Zuma.
Again, he used government funds to build Nkandla. It is Achilles heel, it always returns, therefore, the scandals evolving the home in Kwa-Zulu Natal is really damaging his legacy, as it is proven hornets nest of trouble and stinging him. The former President really didn’t cover his tracks, even in the years before he became the Executive. But that was known of and this case is digging into old dirt. Therefore, referring to cases, which todays ANC wasn’t directly involved in or the leadership has already become ANC Stalwarts.
“IN THAT during the period 25 October 1995 to 1 July 2005 and at or near Durban in the district of Durban, Shaik and/or the other entities mentioned in the preamble unlawfully and corruptly gave and/or offered and/or agreed to give the abovementioned service and/or facility benefits, which were not legally due, to accused 1*, upon whom the powers had been conferred and/or who had the duties as set out in the preamble, with the intention to influence accused 1 to commit and/or omit to do any act in relation to his powers and/or duties to further the interests of Shaik and/or the entities associated with Shaik and/or the Thomson-CSF group and/or accused 2 and/or accused 3 as set out in the preamble and/or with the intention to reward accused 1 because he so acted in excess of such powers or any neglect of such duties, as set out in the preamble” (P: 52-53, 2018).
* Jacob Zuma.
Again, we see how the former President used his position and his well known ideals to get paid extra. To use the connection of state to get benefits and facilitation’s that wasn’t within his role. The Company and Business People connected with him and paid him to get special interests and make sure to get government contracts. So both parties would benefit from the fraud and the bribes. Dual victory of the agreement made.
If you really want to understand the deal and the charges put on Zuma, also on his business associates in this matter. You would be wise to read the book called ‘After the Party’ by Andrew Feinstein, which was published in 2010. It gives you insights into it, that shows the magnificent tale in itself. This is years ago, but still viable and therefore, this skeleton out of the closet has been released. There are dozens of counts and charges that could be put of fresher scandals, but the State has decided to go for an older corruption case. Clearly, signaling it could be more in the future. Because this isn’t even involved with the investors of the Gupta family. Peace.
“You can fool some of the people all of the time, and all of the people some of the time, but you can not fool all of the people all of the time.” – Abraham Lincoln
I don’t know if Minister of Home Affairs Malusi Gigaba is stupid, but unwise he is in the matter of naturalization of the Citizenship of the Gupta Family and residence as the Inquiry into the State Capture takes into effect. President Cyril Ramaphosa, should consider to appoint someone else. Unless, he likes to have someone as a punchline in his cabinet?
Honorable Gigaba answered yesterday in disregard to his own verdicts, which counters his own paper-trail. That is why he is foolish to state things like this: “Home Affairs Minister Malusi Gigaba has confirmed that Gupta brothers, Ajay and Atul are not South African citizens” (…) “Gigaba says, “There has been an argument that there was a decision to favour this family by expediting their application, their appeal, but maliciously granting them SA citizenship. We need to clarify that their application was done in 2013, it was rejected in 2014, they appealed and based on the documents submitted the decision was overturned.” (…) “They were asked to renounce the citizenship of the country of origin, and Ajay declined. Therefore he is not an SA citizen. He is a permanent residence permit holder which he received in 2008,” adds Gigaba” (SABC – ‘Ajay and Atul Gupta are not South African citizens: Gigaba’ 06.03.2018).
So there are something weird in the statements from the minister, that he mentions other times than when he suddenly sent a letter to the Gupta family on the 30th May 2015, which stated: “I have decided by the virtue of the powers vested in me under section 5(9) of the South African Citizenship Amendment Act 2010 (Act no 17 of 2010) to waive the residential requirements in regards to your application for naturalisation and grant you early naturalisation” (Gigaba Letter to Mr. A K Gupta and Family – ‘Application for Early Naturalisation: Yourself” 30.05.2015). So on the 30th May of 2015, he used his powers as minister to give the Gupta Family early citizenship. This because he could. Therefore, he has been lying now, because the chips is down and he wont be someone who executed parts of the State Capture. He is trying to clean his hands of the dirt. But when you have been in public and used the “powers vested in me”, you either stupid or your were pocketing funds from them.
That that monies helped his judgment as even the same problem came back, as the Ministry of Finance has to offer their consideration of the matter on the 13th June of 2017, where they stated: “The granting of naturalisation certificates of this nature is not unusual. Similar courtesies have been extended to prominent businessmen, including executives of multi-nationals, and sports people. There is no impropriety on the part of the Minister in relation to how the application in question has been handled” (Ministry of Finance – ‘Minister Malusi Gigaba Handled Gupta Naturalisation Application in a Lawful Manner’ 13.07.2017).
So the Ministry of Finance knew of the citizenship, they knew the process and defended it last year. As the documents show that the Minister gave it to them in 2015. When he defends himself he mentions the years of 2015 and not that exact time. Because he knows he used the powers vested in him. This didn’t take much research either and is all public records. The documents stated isn’t some confidential pieces of paper and internal memos, where Gigaba wrote that he loved his wife. No, this is public letters and known ones, which state the facts. He cannot run away from it. However, he is trying and failing bad at it.
Clearly, Gigaba is lying and needs to stop, he is bad at it. Please, just stop, you gave the rich wealthy friends of Zuma a free pass and gave them citizenship. They were kingmakers and fortune-tellers too, you wanted some quick bucks. This was your way in. Peace.
This week we have seen the price of the fall of President Jacob Zuma, the cleaning of the State Owned Enterprises has hopefully started. That can be said because of the actions of the Gupta Family owned corporations as so many of them has suddenly applied for “Business Rescue”, you can wonder what that means, therefore, I went to law-firm who can explain what the Business Rescue means.
Werkmans Attorneys said this: “The aim of business rescue is to restructure the affairs of a company in such a way that either maximises the likelihood of the company continuing in existence on a solvent basis or results in a better return for the creditors of the company than would ordinarily result from the liquidation of the company (section 128(1)(b)(iii))”. So the initial idea behind it is to make adjustments to either secure the companies or secure the creditors, when coming from Gupta businesses meaning the changes of government contracts and litigation’s following the change of President.
Sudden Optimum Coal Terminal Limited, Optimum Coal Mine Limited, Tegeta Exploration and Resource Limited, VR Laser Service Limited, Koornfontein Mines Limited, Confident Concept Limited, Shiva Uranium Limited and Islandsite Investment One Hundred Eighty Limited. We should anticipate in the coming days and weeks, that Oakbay Investment and Oakbay Resources will run insolvent too. As these companies has dried the funds of Eskom and other state owned businesses with shady deals made under the Zuma administration.
We can just imagine the state suffering from this, as the Business Rescue tools buys the companies and investors time, while they have already moved away the funds and needs new liquidation to save it. Smart move by the foreign investors, who used their relationship with Zuma to bleed the nations out of money. They started the companies in the years before Zuma took power in 2006 and 2007. The Shiva Uranium is the oldest company, but the others are very new and made for the age of Zuma.
This will hurt many of the current leaders within African National Congress (ANC) who has also been regarded and parts of the deals, this being Molefe and Gigaba. Des Royeen should also struggling at night and wonder why he was part of it. That ANN7 and Transnet should also worry, all things connected with the Gupta’s should be shaking, Sahara Computers and what else of companies they deliberately made to gain fortunes and spin their stories. It should be hurt and within time, they will ask for rescue too. As the funds and contracts with the state stops.
We can just wonder how many more Estina deals there been in the different states of South Africa. As long as the creditors, the banks and the HAWKS continue to pursuit the lost cash. Now that the Zuma cannot stop their investigations, hopefully more whistle-blowers and more covers will be showed in public. So that the State can get their funds back and also prosecute the ones who has stolen money from the public.
All of this will hit hard towards the finances of South Africa, the service delivery of the state owned corporations, as they was dealing with them directly to secure coal or other services. We can just wonder, how the effect will be in the long run. How the ANC will manage and who has to go because of it. Who will be implicated and who has to answer for the shady deals done in secret so the Indian businessmen could earn fortunes on rigged arrangements. Peace.
On the 18th January the Gupta family and Oakbay Investment Group was charged in the Free State Division and in Bloemfontein. This time for forfeiture of state grants in a agriculture scheme. This after affidavits and trials over a case was showing how the companies of the Gupta family was bleeding the state out of millions of Rands. This was a case where the Gupta used their connections with the Free State and their operatives to be able to forge projects to get state funds.
That the Company made by the Gupta and Oakbay called Estina started a Free State Diary Project. The projected funds and supposed research newer came into effect. There were any bidding on the state funds that was given to the studies made by Estina. The millions of rands was given by the state to the operations between April 2013 and May 2016. This was in total of R220,202,652.00. These payments went to different accounts and various partners of Estina. These funds didn’t got to Estina, but to various companies all over the globe and accounts. Nothing went to what they we’re intended to by Department of Agriculture in the Free State Division. The funds to went to various entities, but not the diary project or the business of the farm as it was intended.
The Estina Company was supposed to have functions of a diary project at the Vrede Diary Farm. This was never made, the money was just fueled from the Estina and into various accounts. The whole was supposed to be a part of the revitalizing the agriculture in the province, as the Mohoma Mobung Strategy. Therefore, the Free State started subsidizing the diary project in the Vrede Area and in the Phumulela local municipality. That is why the state made the Vrede Diary Project as a prestige project. Which was supposed to generate job creation in the area. Therefore, without following procedure and lawful codes, the Free State made an MoU with the Estina Company. It was Free State’s own HoD Peter Thabathe Mbana who wanted this to be the Free State flagship in March 2012. A year before the first payment to the Estina Company. The establishment of the grounds for these transactions and company cannot be proven, even as civil servant cannot prove the connection between Indian Company Para’s and Estina. Even, if he claimed so in his affidavit.
While the Estina company has strange change of types of business as it was in connection with Sahara Computers and run by well-known man in Gupta enterprises Kamal Vasram. The Company was first incorporated in 2008 and registered in Sunninghill, Johannesburg. By October 2012, it went from Computers to Agriculture and related activity. Then, also registered in Sandton, Johannesburg. After resigning in July 2015. The new Director ran the company to ground and was liquidated in May 2017 with assets in the levels of R34,200. So the Company had been run like a mill by the steady grants given by the Free State, while the business was “booming”.
Because of reluctance of Thabathe to give documentations of both the direct transactions, the evidence of needing these funding and tenders supposed to be public. The transparency of the project and way the grants was given. The National Treasure and the PPP we’re threaten when trying to force documentation of the business between the Department and Estina. That there are no proof of the needed supply chain between the parties, shows that money was ghosted when it left the Free State Account into the Gupta owned business.
There was also a 99 year Free Lease of the land in Farm Krynaauws Lust 275 district Vrede, Free State Province. The measure of the farm was 4439,5122 hectars of land. That the Free State signed over to the Estina company, because of the flagship program and diary project that was granted them.
Clearly, if you cannot read between the line, this was all a forged company and playful agriculture, with very little milk and cows. More of spoiling the grants and funds to other accounts. Spilling the government sanctioned funds into private accounts all around the world. It ended on accounts in Iceland, Dubai and India, also in various accounts in South Africa.
That the Gupta and Oakbay had no issues with forfeiting 220 million Rands and also capturing a giant farm in Free State Province. Proves how careless and reckless they have been. We already know about their giant deals with Eskom and in other government grants. This is yet another one. That has ordered in courts, where the Ministry of Work has ceased the farm and the different accounts has to deliver and refund the Province with the misused fortunes gained on Diary Project that never really existed. As the procurement, tenders and the whole operation was sham from the get-go. Which lasted from 2012-2016. That led to the demise of the Corporation in 2017.
This is yet another proof of the their state capture and what the Zuma Administration has accepted during his tenure from the Gupta based companies. As they have been bleeding the Free State out of funds in this instance, as they have done in other sectors and with other businesses all around South Africa in the recent decade. Peace.