The ANC has asked Parliament to investigate the allegations against Loyiso Mpumlwana, who was nominated by the National Assembly as a full time commissioner of the South African Human Rights Commission. Mpumlwana was fired from the Truth and Reconciliation Commission after it was discovered that he defrauded the TRC. He was only one of four people the TRC instituted criminal charges against. One of the other three was PW Botha…..
The ANC is to be commended for this step. It will now request the President not to appoint Mpumlwana until a full inquiry has been concluded. In August 1997 the TRC issued the following statement:
The Truth and Reconciliation Commission is to lay charges against its former Regional Head of Investigations in the Eastern Cape, Mr Loyiso Mpumlwana, arising out of allegations that he was employed by the Premier’s Office of the Eastern Cape at the same time as being employed by the Commission.
The Commission will lay charges against Mr Mpumlwana for fraudulent misrepresentation. It will also bring a civil action to recover monies paid to him while he was employed by the TRC.
Mr Mpumlwana’s apparent employment by the Premier’s Office was brought to the attention of the Commission by that office after a recent report in the Mail and Guardian about discplinary charges brought against him by the TRC.
The charges were brought against Mr Mpumlwana during June as a result of his inadequate performance. After a disciplinary hearing lasting three days, he was found guilty of eight of 10 charges he faced relating to his failure to perform his duties. He tendered his resignation before the TRC decided what sanction to impose on him. The TRC accepted his resignation.
Well, Adv Mpumlwana should of course never have been on the ANC list of nominees for appointment to the SAHRC, but at least the party seems to have admitted to its mistake and might even rectify it. That would set a great precedent for the future. One assumes this means the party will also act against the criminals known as the Travelgate MP’s who stole money from Parliament.
Great stuff.
Of course, if a proposal by the Asmal Committee on Chapter 9 Institutions had been implemented, this would never have happened. (Full disclosure: I was a legal advisor to this Committee so might be seen to have a stake in the implementation of its recommendations.) The Asmal Committee suggested that civil society be given an opportunity to comment on the quality and the suitability of a short list of candidates considered for appointment to Chapter 9 institutions such as the SAHRC.
This is because section193(6) of the Constitution states that the involvement of civil society in the nomination process may be provided for in line with section 59(1)(a) of the Constitution. That section requires the National Assembly to facilitate public involvement in its activities. As I wrote before, the Constitutional Court has stated that this means Parliament must provide for reasonable and effective participation by the public in the law making process (and also in the appointment of SAHRC Commissioners). Sadly, this was not done and now the National Assembly sits with egg on its face.
As Justice Ngcobo said in the Doctors for Life International case, the need for public participation:
[E]ncourages citizens of the country to be actively involved in public affairs, identify themselves with the institutions of government and to become familiar with the laws as they are made. It enhances the civic dignity of those who participate by enabling their voices to be heard and taken account of. It promotes a spirit of democratic and pluralistic accommodation calculated to produce laws that are likely to be widely accepted and effective in practice. It strengthens the legitimacy of legislation in the eyes of the people. Finally, because of its open and public character it acts as a counterweight to secret lobbying and influence peddling. Participatory democracy is of special importance to those who are relatively disempowered in a country like ours where great disparities of wealth and influence exist.
But public involvement also acts as a check on the Parliament to police it and to assist it not to make really bad decisions (as it did here). Maybe this sorry saga will convince the National Assembly to implement the recommendations of the Asmal Committee. Who knows, we might even get competent appointments to the SAHRC.
Whether the Travelgate criminals will be fired is of course another matter…. Wonder what PW Botha would have thought about all of this.
Ah, well!
“What is a hermaphrodite? We don’t know a thing called hermaphrodite and as a result we will never discriminate . . . What is a hermaphrodite in Pedi? It’s an imperialist concept. because you’re either a girl or a boy.”
- J. Malema, Oct 1, 2009.
Mo Shaik, head of the Gambino family, is appointed head of the SS!
I don’t know for sure, but the ANC seems to have a fairly haphazard policy on who gets prosecuted and who doesn’t. This guy committed fraud, and now he’s being investigated with a view to possible sanctions and removal. But on the other hand, somebody like Booi is protected, even though he’s been found guilty of theft (which in his case also amounts to a breach of fiduciary duty).
Ministers buy R1m cars (sometimes two at a time) and they’re completely off the hook, but municipal managers and finance officers are suddenly being fired all over the show for fruitless and wasteful and unauthorised expenditures.
It seems that the only reasonable explanation for this is that it depends who you know and what you know about them as to your survival. Mr Municipal Manager in some rural area probably doesn’t know quite as much about JZ and the Arms Deal as somebody who has been sitting close by all the time. Therefore one is expendable and one isn’t.
That’s why, with respect Prof, this doesn’t impress me in the least. Censuring a potential human rights commissioner doesn’t send nearly as much of a message as firing a dishonest uncaring crooked politician like Booi would. The ANC is still simply window dressing – throwing a few unimportant people under the bus to make it look like they’re addressing corruption, all the while hoping to mask the fact that they’re only dealing with those who are not part of the inner circle.
JZ must be somewhat uncomfortable with the CNN interview available on your Seminar page. A miracle would be if our honorable (sic) president was to have a Damascus enlightenment. Imagine, being in the position of President, the power not just to enrich oneself and one’s sycophants, but to actually create something marvelous, to establish himself as a true giant, someone totally committed to uplifting not only his people but our country, even the Continent.
What an opportunity he has… if only…
I lilke the term Participatory Democracy, one I am familiar with but hear little of, like that golden but underused behaviour, ‘ethics’. Perhaps we should begin to put emphasis on this term ‘Particiipatory Democracy’, and apply pressure on government to further it. It could be a true breaking point. First, understanding via group think, then action. Lets demand ‘Participatory’. We could label it PD.
JZ and his boys and girls will still get richer and richer, but perhaps those of us who are concerned , and if I may say, clear thinking South Africans, can also get something we need. Responsibility, honesty, service delivery and tax dollars well spent.
The dream is harmony, the dream is upliftment… why can’t we have it? There are no limits to the possibililties. Forward to strategy.
Not sure Prof why so few comments this time, perhaps the good weather.
While we deal with all these political and judicial concerns, life goes on, as always, the human experience being most important.
This week a family member passed away quite unexpectedly, fortunately not violently, an unexpected heart attack in his late 30’s. The day before he sent a sm to his wife as follows, only knowing he was feeling strange: apologies for the afrikaans on your english blog.
Die lewe is kort – leef dit.
Liefde is mooi – voel dit.
Kwaad wees is lelik – los dit
Probleme is tydelik – aanvaar dit.
Herinneringe is vir altyd – bewaar dit.
Jy is spesiaal –onthou dit.
Life goes on while we have it.
It might be interesting to read what the DA have to say about the ANC’s response to Travelgate. They actually provide concrete examples of “How the ANC rewards Travelgate guilty”. Unfortunately, Prof, I don’t think anything will be done to these people – as usual.
http://www.politicsweb.co.za/politicsweb/view/politicsweb/en/page71654?oid=145083&sn=Detail