ActionSA president Herman Mashaba announced on Wednesday that in the first 100 days after taking office he will immediately launch a Special Investigating Unit (SIU) investigation into President Cyril Ramaphosa’s Phala Phala scandal and Deputy President Paul Mashatile’s “extensive network of benefactors who sponsor his luxurious lifestyle”.

During a briefing on the priority prosecutions to be pursued by an ActionSA government, Mashaba promised that if given the mandate to lead, ActionSA would act decisively to expedite investigations and give the National Prosecuting Authority (NPA) the “teeth it needs” to put criminals behind bars.

He said it was a “travesty of justice” that six years since State capture came to a supposed end, with the election of Ramaphosa, not a single successful State capture prosecution had taken place. 

Two years since Justice Raymond Zondo tabled the final State Capture Commission report, not a single person fingered in the report is behind bars, he said.

“The Gupta family, themselves, after spending nine years happily hollowing out the State, were able to escape prosecutions after the ruling party bungled their extradition processes. Our justice system has been all but destroyed, leaving criminals to get away with impunity,” Mashaba stated.

He explained that he would also proclaim SIU investigations on the VBS scandals, where billions were stolen from pensioners, and the “corrupt relationship” between the State and consulting firms that had seen hundreds of billions being siphoned off from State projects, such Kusile and Medupi.

Mashaba said that his party would take action to safeguard the independence of the NPA, and ensure it was adequately capacitated to fight corruption. He said the NPA must act without fear favour. 

“Working together with highly capable investigative bodies like a reinstated Scorpions, the NPA should be empowered to prosecute any political leader – including the President – if they have been found to have broken the law,” he explained.

He noted that currently, the NPA was too heavily dependent on the Department of Justice for its funding, while the National Director of Public Prosecutions (NDPP) was appointed by the President. 

Mashaba said ActionSA would ensure the NPA’s independence by significantly expanding its funding and allocating its budget directly from the Division of Revenue Act, instead of the Department of Justice.  

“We’d make sure the NDPP is free from political influence. ActionSA will therefore ensure that the NDPP’s appointment process is led by a parliamentary committee that isn’t dominated by any majority party. Similarly, we will establish a separate oversight committee to oversee the work of the NPA, including its budget, to prevent a repeat of the decimation of the body seen during the Zuma era,” he said.

Mashaba explained that the composition of this parliamentary portfolio committee, like the appointment panel, would ensure that decisions are not steamrolled by a parliamentary majority to protect corrupt politicians.

LEGISLATIVE AMENDMENTS

He said his party would establish specialised anti-corruption courts to expedite the prosecution of corruption cases and cultivate a culture of accountability.

He added that ActionSA would introduce legislation to amend the Constitution to establish an independent Chapter 9 institution to combat corruption, alongside the return of the Scorpions specialised investigative unit.

“We will increase the minimum sentence for anyone guilty of corruption in transactions exceeding R500 000 to 15 years imprisonment without the possibility of a fine or parole. And every single time someone goes to prison for serious crimes such as rape, murder, drug trafficking and corruption, they will pay back their debt to society by producing goods on farms or being engaged in public works programmes. 

Medical parole will also no longer be abused,” he promised.

Mashaba highlighted that his party would also introduce a legislative amendment which would prohibit criminals who have been convicted of serious fraud or corruption charges to serve in Parliament. He said an ActionSA government would have the political will to act against corruption, even if it was not convenient. 

He said it waa lack of political will which had seen the return of “corruption-accused politicians” such as Bheki Cele, Zizi Kodwa, and David Mahlobo on ruling party lists to become Members of Parliament.

It is a lack of political will that allowed Parks Tau to be promoted to Deputy Minister of Cooperative Governance and Traditional Affairs in Ramaphosa’s government, even after damming corruption allegations emerged, he added.

“During his time as MMC Finance in the City of Joburg, Tau allegedly conspired with Geoff Makhubo to award lucrative city contracts to Gupta-linked Regiments Capital, for which Makhubo’s company, Molelwane Consulting received a 10% kick-back. Tau’s wife also benefitted from the Regiments relationship. And then during his tenure Mayor, the prime-positioned land above the Sandton Gautrain Station, valued at R280-million at the time, was gifted to a consortium led by Regiments Capital. No money was paid to the city. Parks Tau’s brother-in-law and a mysterious trust with African National Congress pedigree received R10-million for this deal,” Mashaba stated.

Furthermore, more than two weeks after National Assembly Speaker Nosiviwe Mapisa-Nqakula faced imminent arrest over possibly receiving bribes when she was Defence Minister, Ramaphosa was yet to condemn her behaviour, the ActionSA leader pointed out.

Instead, she gets away with being placed on special leave, thereby still enjoying parliamentary benefits, he said.