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.
“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.
Finally, after almost a decade of ducking and diving, and squandering millions of rands of public money on his own legal fees, President Jacob Zuma will now face 783 charges of corruption, fraud and racketeering for stealing the people’s money.
The Democratic Alliance (DA) welcomes the judgment handed down by the Supreme Court of Appeal (SCA) this morning, which flatly rejected President Jacob Zuma’s appeal of the 2016 North Gauteng High Court ruling that set aside the decision to drop these charges eight and a half years ago. The court found that the decision to drop these charges was borne from undue political considerations and, therefore, irrational.
Today’s judgment is a win for justice, the rule of law, and for South Africa. Jacob Zuma will not defeat the ends of justice. The law applies to all, regardless of status.
The matter is now straightforward. The charges now stand, and a court of law must hear this matter. If the President is innocent, as he proclaims, he ought to let a trial court decide on his innocence. His actions over the last decade smack of a desperate attempt to avoid this eventuality. These are the actions of a man who knows he has a lot to answer for.
In this light, I will be writing to the National Director of Public Prosecutions, Adv Shaun Abrahams, insisting that Jacob Zuma is served with an indictment and appears in court at the soonest available date. Adv Abrahams must commit to reinstating all 783 charges, and furnish the people of South Africa with a date by which these charges will be processed. Adv Abrahams must give us a response within 10 days. The charges have been formulated and the evidence is ready. We now await a trial date.
We suspect that President Zuma will want to make fresh representations about why charges against him should be dropped. However, this is unnecessary, as he made written and oral representations on why exactly the same charges ought to be dropped back in 2009, and these representations were rejected. We will not stand for Jacob Zuma.
While everyone has the right to approach the courts for relief, the matter at hand is a simple one, and requires no further deliberation. We urge President Zuma to stop wasting public funds through lengthy legal appeals, and to accept the fact that he will stand trial for 783 charges of corruption fraud and racketeering. We estimate that Zuma’s delaying tactics in the courts to date have cost the taxpayers upwards of R30 million. Jacob Zuma must and will be held personally liable and made to pay for wasting valuable financial resources. Zuma must pay back the money he wasted.
This matter has been ongoing since 6 April 2009, when then Acting National Director of Public Prosecutions (NDPP), Adv Moketedi Mpshe, announced that the National Prosecuting Authority (NPA) would be discontinuing the prosecution of Jacob Zuma on 783 charges of corruption, fraud, money-laundering and racketeering. The next day, the DA launched a review application in the Gauteng North High Court to review and set aside this decision on the grounds that it was manifestly irrational and therefore illegal.
This now presents Adv Abrahams a golden opportunity to show his independence and proceed with this prosecution as planned, and give Jacob Zuma a court date.
The DA has always maintained that the President may not be guilty but that he have his day in court as is consistent with the Rule of Law and due process. The President himself has stated on numerous occasions that he wants his day in court.
In the absence of any legitimate factual or legal reasons, the DA is led to believe that these charges were dropped for political purposes: a political solution needed to be found to drop charges against a person who was about to become President, and the Spy Tapes provided the convenient excuse that has now been set aside.