South Africa

PUBLIC PROTECTOR IMPEACHMENT INQUIRY

Ace Magashule and Mosebenzi Zwane directly implicated in Vrede Dairy project, says former investigator

Ace Magashule and Mosebenzi Zwane directly implicated in Vrede Dairy project, says former investigator
Illustrative image | From left: Former minister Mosebenzi Zwane. (Photo: Gallo Images / Business Day / Trevor Samson) | Suspended Public Protector Busisiwe Mkhwebane. (Photo: Gallo Images / Sunday Times / Moeletsi Mabe) | Former Free State premier Ace Magashule. (Photo: Gallo Images / Volksblad / Mlungisi Louw)

Former Free State premier Ace Magashule and MEC for Agriculture Mosebenzi Zwane were not only directly implicated in the Vrede Dairy project, which paid the Gupta family’s company Estina more than R280-million for nothing in return, but they also ignored National Treasury recommendations on flagged procurement irregularities, according to evidence.

A former investigator at the Office of the Public Protector, advocate Nditsheni Raedani, gave evidence on Thursday at the Section 194 impeachment inquiry into suspended Public Protector Busisiwe Mkhwebane’s fitness to hold office.

Raedani worked at the office from 2008 to 2018 under the previous Public Protector, Thuli Madonsela, and also under Mkhwebane. He was a member of the team that dealt with Mkhwebane’s final Vrede report issued in February 2018.

The advocate said he became involved in the process in November 2017 when he received an instruction from Reginald Ndou, his executive manager in the business unit, that he would be on the team finalising the investigation report.

He said that when Mkhwebane revisited Madonsela’s original investigation, there was evidence that Magashule and Zwane were implicated in the Vrede project. Both had also ignored an instruction from the Treasury to take disciplinary action with regard to procurement irregularities.

Magashule, Zwane ‘clearly involved’

“They were clearly involved,” Raedani testified to the committee.

“The National Treasury report was very clear about what the premier and the MEC were supposed to do in terms of preventing any further irregularities,” said Raedani, referring to a separate independent report by the Treasury which had flagged irregularities and made recommendations.

Read more in Daily Maverick: “Mkhwebane ignored Treasury red flags, #Guptaleaks evidence verifying Vrede shakedown, inquiry hears

He said findings had been made against both senior leaders of the province.

The committee also heard that then DA leader Mmusi Maimane had personally introduced some of the Vrede project beneficiaries to investigators at the Public Protector’s office in 2017.

Read more in Daily Maverick: “Public Protector hears of failed promises in Estina dairy scandal

Maimane had requested a meeting on behalf of the beneficiaries, who were keen to have the investigation speeded up. Maimane had also undertaken to provide the Public Protector with the personal details and contact addresses of all the beneficiaries.

An undertaking was given to Maimane that the final report would be released “in a few months”.

Raedani said that by the time the investigation was being finalised, “information [the details of beneficiaries] was still outstanding”.

Raedani said that a memorandum, prepared by him and fellow investigators Tebogo Kekana and Muntu Sithole, set out the view that the conclusion of the agreement with Estina (a Gupta money-laundering front) had violated the Constitution and that the accounting officer had acted improperly in inflating prices.

Read more in Daily Maverick: “Exclusive: Meet the whistleblower taking a stand against Public Protector Busisiwe Mkhwebane

This was also the view at the time of the task team that worked on the Vrede report in January 2018, Raedani told the committee.


Visit Daily Maverick’s home page for more news, analysis and investigations


In the week of 5 February 2018, Raedani, Kekana and advocate Isaac Matlawe were summoned by Ndou to a meeting.

While Raedani said he had still awaited feedback from Mkhwebane on his memorandum about the investigators’ conclusions, Ndou had instructed him to finalise the Vrede report, “regardless of the issues that were raised and that we thought were outstanding”.

Raedani explained that the first draft had been circulated to Ndou after quality assurance checks and then to Ntsumbedzeni Nemasisi, senior manager for legal services, a position created under Mkhwebane’s watch.

A culture had begun to develop, he said, of reports from investigative branches being sent to Nemasisi, who would “look at these objectively to determine if the reports were reviewable or not”.

Report amended

That same week of 5 February, Mkhwebane had called Raedani and Kekena to a meeting where she indicated her displeasure at the work done on the Vrede draft as this had not reflected “her instructions”.

Mkhwebane and Nemasisi then issued new instructions “on how to amend the report”.

The two investigators left the meeting and went straight to their offices “and carried out the instructions and amended the report”.

Tracking changes on the document later revealed that it was Nemasisi who had first added the matter of “diminished resources”, such as financial and capacity constraints, with regard to an inability to track the beneficiaries.

“Notable changes were made in respect of removing the findings,” Raedani said.

These were findings of gross irregularity, improper conduct, abuse of power and infringement of the Constitution in respect of the accounting officer’s “procurement activities”.

Previous versions of the draft had contained the finding that the Department of Agriculture had failed to adhere to procurement prescripts, while Mkhwebane claimed that the department never entered into a public/private partnership with Estina.

That no invoices or receipts had been forthcoming — and that neither the head of the Department of Agriculture, Peter Thabethe, nor the director of Estina had been questioned — were concerns Nemasisi had correctly raised, said Raedani.

Photographs had also been removed from the final report on instructions from Mkhwebane, he told the committee. Later, Raedani sat down with the Public Protector and other officials and went through the Vrede report “paragraph by paragraph” in preparation for its release.

“The PP would dictate to me what to type. Towards the end, the PP took my laptop and typed herself,” he said.

He had not agreed with these changes, he told the committee, and had warned Mkhwebane “about what legal experts might say” about the report.

“I don’t care,” Mkhwebane had responded, Raedani said.

The Vrede report was completed at 1opm and released the following day. 

Mkhwebane was suspended from office on 9 June. The parliamentary impeachment hearings got under way on 11 July.

The inquiry continues. DM

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Comments - Please in order to comment.

  • Rory Macnamara says:

    “Oh what a tangled web we weave when we seek to deceive.” the ANC and their cohorts have never heard this one before obviously.

  • KOBUS VAN NIEKERK says:

    The Estina dairy farm were just a Taxi to siphon millions of Rands from the taxpayer.
    Mpumalanga has got its own Estina times twice, in the new fresh product market. Who are investigating DD Mabusa and the Mpumalanga branch of the cANCer in our country, on how much Rands had been trucked away from this white elephant?

  • Terry Pearse says:

    Surely, just on Nditsheni Raedani’s testimony and in conjunction with the High Court’s setting aside of Mkhwebane’s Vrede Dairy Report, there’s sufficient evidence of brazen partiality and misconduct by the ‘Public Protector’ for the Committee to arrive at a decision. Continuing with the hearing ‘in the interests of fair play/justice’ is a pointless charade (at taxpayers’ expense) that primarily benefits Mpofu.

  • sakkielearmonth says:

    The woman is totally unfit to hold office, and should be impeached immediately. One only has to review the wording of the damning verdicts (including perjury on two separate occasions-a criminal offence!) of several of the highest courts in the land, including the constitutional court).
    Mpofu refers to these findings as merely opinions. Does that apply to all verdicts?
    Impeach her!!

  • Beyond Fedup says:

    Rotten to the core and beyond useless. Incompetence personified! Put in place by the thieving Zuma, the wicked SSB and the hideous RET/EFF morons and parasites to just muddy the waters, delay justice and take out those, through lies and deception, who stand in their way. Aided and abetted by evil legal scumbags such as Mpofu and company. Time to deal with this rubbish once and for all for the sake of this country!

  • Manfred Hasewinkel says:

    I agree that it’s all very much a tangled web where the accountable characters can easily hide & fob off intangible facts as mere opinions. Sadly, a small minority of people will read this article &/or will have watched the evidence. I would be inclined to draw up a spreadsheet to clearly identify where & why characters such as Magashule, Zwane, etc are directly implicated. The same goes for Mkhwebane & her lieutenants while trying to conceal the RET luminaries’ tracks. Unfortunately the truth has a racial undertone which is actively engineered by the likes of Mpofu. I can’t help but feel sorry for the witnesses, all clear, rational & steadfast.

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