From lobbying to legislature — A response to doubts about my Rica advocacy

Editor’s note: Before publication of Daily Maverick’s investigation, Kabelo Kgobisa-Ngcaba was sent nine detailed questions concerning her previous work at Resolve Communications, Resolve’s clients Pisa and Securi-Tech, her subsequent parliamentary activity and any possible conflict of interest.

Kgobisa-Ngcaba opted not to answer these questions directly. Instead she supplied a short general response, which was reflected in the article, but which did not substantively answer seven of our nine questions

Following publication, Kgobisa-Ngcaba submitted the response below. It contains additional information not provided before publication, including that she worked on Rica matters for clients while at Resolve and had developed a long-term communications plan on the issue.

The response still does not identify the relevant clients or answer whether she worked for Pisa or Securi-Tech, had contact with Resolve about the campaign after entering Parliament, received assistance with the questions or disclosed a possible conflict.

Daily Maverick publishes it in the interests of a complete public record.

***

Rebecca Davis’ article about my work on the Rica issue starts with a good question. I share the view that lobbying can be misused by bad actors and should be scrutinised. So, I wasn’t surprised or offended when Davis sent her questions. But what started as a legitimate line of enquiry quickly veered off course.

The facts in Davis’ piece are largely correct. I was employed at Resolve for five years until shortly before I entered Parliament in June 2024. Among the issues I worked on for my clients was the matter of Rica failures, which pose a serious security risk and constitute a matter of significant public interest.

Before saying more on Rica, there are some general observations on MPs, parliamentary questions and stakeholders. MPs often require assistance from civil society, business or individuals to craft parliamentary questions. Very often these people are experts in their fields or have insider knowledge of the issues. Sadly, the government is very good at evading questions on technicalities, so having people who can help us draft sharp, incisive questions is vital for effective oversight. Provided there is no pay-for-play aspect to it, this is standard practice and entirely correct. Parliament belongs to all of us, and we all have a role to play in holding the government to account.

As far as my questions are concerned, I came into Parliament with knowledge from my past work experience. I worked for the Lawyers for Human Rights’ Penal Reform Programme, and no one would suggest that I shouldn’t use that knowledge in my work on the Correctional Services portfolio. Likewise, I brought the expertise I gained from my time at Resolve to my job as well, and the Rica issue is one such example.

The facts about Rica

The facts on the Rica issue are clear and alarming. The Minister of Police pointed out in a recent response that unregistered SIM cards are used in 61.82% of extortion cases. In a constituency such as mine (Khayelitsha), extortion is a massive problem, and we are entirely right to care about this issue. The minister also claimed that no unregistered SIM cards were used in kidnapping, murder, robbery or cash-in-transit cases in the 2024/2025 financial year. I find this hard to believe. Furthermore, he refused to say how many cases stalled or went cold over the same period owing to the use of unregistered and untraceable mobile numbers. This is a glaring problem.

As to why I advocated the solution I did, it’s quite straightforward. The state has limited enforcement capacity, which is obvious from the shockingly low rate of prosecutions for violating Rica. The solution I advocated would shift the burden to mobile operators, addressing the problem without further stretching the state’s capacity. Things get done when a specific, identifiable person can be held accountable. The fewer people, the better. We can’t police every spaza shop selling unregistered SIM cards, but we can police the handful of mobile operators who supply them. If any other stakeholders have alternative solutions, I would love to hear those too because this is not about any company; it is about the safety and security of our country.

DA policy vs portfolios

Beyond the merits of my approach, Davis questions my pursuit of the issue simply because it does not explicitly appear in DA policy. But MPs routinely drive a number of issues in their respective portfolios; it would be impossible for every single issue to be explicitly covered in written policy. On Correctional Services, for example, my focus is on the lack of perimeter fences at more than half of South Africa’s prisons. That isn’t in any official DA policy either, but no one would argue the importance of the issue, especially for the security of the communities adjacent to these facilities.

Davis then takes issue with the fact that I continued to ask questions about the issue after I changed portfolios from Justice to Correctional Services. But important issues don’t cease to be so because of a portfolio reshuffle. I had a long-term communication plan on this issue complete with social media components worthy of [Helen] Zille’s Joburg campaign. For a time, I considered staying with the issue despite moving portfolios but ultimately decided that I need to give my full attention to my current portfolio. The point is, yes, I found it difficult to just drop the issue. And if I ever returned to the Justice portfolio, it would be one of the first issues I pick up again because it still matters.

Selection to Parliament

Finally, I can’t end this response without reflecting on what sounded like Davis questioning my selection to Parliament. As was said at the time, the DA has a rigorous 11-step process to select MPs. I was selected fifth on the DA’s Western Cape list because I worked hard for the party as a branch chairperson for Ward 115, as well as bringing legal qualifications and senior management experience. Any suggestion that I attained my position by any means other than merit is offensive.

The purpose of the DA’s open selection process is to bring in qualifications, skills and expertise into the party. Through the course of my career, I’ve gained insights into a range of fields from agriculture and energy to transport and tourism. I am proud to bring this breadth of knowledge and experience to Parliament in service of my country. DM