The 2020 mandate, propelled by an unidentified whistle-blower, resulted in investigations including the interviewing of former director-general at the Department of Public Enterprises (DPE) Kgathatso Tlhakudi. Picture: David Ritchie/ Independent Newspapers.
The Special Investigating Unit (SIU) said it is still working on a 2020 mandate to investigate the now defunct Takatso Consortium’s 51% takeover of SAA.
A fresh call for an investigation into the deal awaits the parliamentary processes as declared by Parliament’s portfolio committee on public enterprises (PCPE) chairperson Khayalethu Magaxa over a week ago.
The 2020 mandate, propelled by an unidentified whistle-blower, resulted in investigations including the interviewing of former director-general at the Department of Public Enterprises (DPE) Kgathatso Tlhakudi, but is as yet not sufficiently concluded to present a proclamation to the president, which may then ignite a prosecutable case.
“It was only on Wednesday about 4pm that the committee chairman said they would engage law enforcement sectors. Have they spoken to the Speaker? Maybe they will have to talk to the Chair of Chairs. There is a whole chain of processes. I am not aware of a formal request for us to investigate the latest events. We are working on the referral made to us by Scopa,” SIU spokesperson Kaizer Kganyago said in reference to the standing committee on public accounts’ request for a probe.
This comes amid a furore between Minister of Public Enterprises Pravin Gordhan and Magaxa leading to the announcement of the deal’s dissolution as Parliament pressed the department for an update on the transaction.
Sources said there is an existing proclamation on SAA from 2020 to look into which did not include the Takatso transaction, which was announced in June 2021 and signed in February 2022.
The intention was to have that proclamation extended to include the Takatso transaction.
“The SIU was informed by a whistle-blower coming forward with credible information,” the DPE senior official said, adding that: “Seemingly, the announcement of the Takatso transaction, the SIU manager responsible stopped the request from the SAA investigations team for the extension of the proclamation. The reason being the transaction has been cancelled. This smacks of a cover-up.”
Kganyago said the SIU would not be pressed by the deadline of the current Parliament’s rising or incumbent president.
Tlhakudi has confirmed that he was interviewed by the SIU in the last year on the concerns he had raised pertaining to the role of Gordhan in the transaction prior to the demise of the deal.
“I have been interviewed by the SIU based on the reports of a whistle-blower, but that is as much as I know. There have been no updates,“ said Thlakudi, who has presented to the PCPE and the Competition Tribunal.
“I cannot confirm if we interviewed the person you are talking about or anybody else. If he says that, that is him saying but we cannot reveal information on our investigations. We have strict principles. We are looking at the matter, gathering information. We are different from the police (SAPS). When we know we have enough information we will submit a proclamation to the president,” Kganyago said.
Magaxa said the PCPE’s referral to the SIU and the law enforcement cluster was because of forensic requirements, including the dispute over Tlhakudi’s signatures.
“The document on the letter is an electronic signature. The memo signature is normally how I sign. But the date is not my writing. Which is odd that on the 8th of April I would write three different ways. It is my belief that the signatures were taken from two different documents. The other letters were an administrative clean-up after the minister had chosen Takatso," Tlhakudi said.
Gordhan has strongly warned the PCPE against engaging the SIU in the investigation, as he presented documents curtailing public discourse on the deal.
In his letter of March 19 to Magaxa, Gordhan said he took exception to the PCPE that it would continue the investigation to “uncover the truth”.
“It has always been our contention that if there is any ‘untruth’ to be ‘uncovered’, why is Parliament allowing a disgruntled former DG who was found guilty of several charges of misconduct and subsequently dismissed … why has he been given such time and credence?” Gordhan said.
According to President Cyril Ramaphosa’s gazetted proclamation in 2020, the SIU was to investigate whether offences were committed in connection with the affairs of SAA; or unlawful or improper conduct by any person, which has caused or may cause serious harm to the interests of the public or any category thereof, which took place between January 1, 2020, and January 1st, 2022.
The proclamation said SAA or the state may have suffered losses that may be recovered; serious maladministration in connection with the affairs of the SAA; improper or unlawful conduct by the officials or employees of the SAA; unlawful appropriation or expenditure of public money or property.
“I deem it necessary that the said allegations should be investigated and civil proceedings emanating from such investigation should be adjudicated upon,“ Ramaphosa instructed.
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