MPs clear ANC trio on Zondo charges

Parliament’s ethics committee has concluded its deliberations on cases emanating from the commission of inquiry into state capture, and has exonerated employment & labour minister Thulas Nxesi and MPs Cedric Frolick and Mosebenzi Zwane.

In a statement on Tuesday, the joint committee on ethics and member’s interests accepted Nxesi’s explanation relating to allegations of payments made to “perceived politically connected people”, who on the face of it appeared not to have provided any goods and services to the Blackhead-Diamond Hill joint venture to justify the payments made to them.

Nxesi provided an affidavit to the Zondo commission that clarified that his name appeared as a reference for the payment but that the payment was not made to him. Rather the payment was the result of a fundraising initiative to raise money to assist two families in financial need.

The committee considered the proof of the payments and found that it confirmed Nxesi’s version of the events and that he had not breached the code of ethics for MPs.

The allegations against National Assembly chair Frolick related to the Zondo commission’s findings on Bosasa. Allegations were made that Frolick played a critical role in winning over Vincent Smith, the former chair of the correctional services and justice committee. Smith is on trial on charges of tax fraud and money laundering.

Frolick was said to receive a monthly benefit of R40,000 and hotel accommodation costing R2,744.28, paid for by Bosasa.

The committee found that the ethics code only came into operation in November 2014 and does not have retrospective effect so the code cannot be applied to these allegations. There was also no provision in the previous code to deal with some of the matters relating to the alleged conduct, and the committee therefore found that Frolick was not in breach of the code and joint rules.

The complaint against Gupta associate Zwane was laid by Zackie Achmat, Zukiswa Fokazi and #UniteBehind, who alleged that Zwane’s unlawful conduct as a Free State MEC in the Gupta family Vrede and Estina matter should disqualify him from parliamentary membership. Also, that as mineral resources & energy affairs minister he was exposed to the criminal conduct of the Gupta family.

It was also alleged that as chair of the transport committee he failed in his oversight over the Passenger Rail Agency of SA and the transport minister.

The committee found that Zwane’s actions as MEC did not fall within its jurisdiction. On his actions as minister, the committee previously found he had breached the code for failing to disclose a Gupta-funded overseas trip for which he was fined five months’ salary.

The committee accepted Zwane’s explanation that it was the committee and not he personally that exercised oversight.

On the complaint against MP Winnie Ngwenya related to the Zondo commission’s report on Bosasa, the committee said it predated the code. It accepted her denials of the allegations.