DA to appeal Presidency’s refusal to access report on Thembi Simelane’s alleged role in VBS looting scandal

The Democratic Alliance (DA) has announced its intention to appeal a decision by the Presidency, which denied the party access to a report concerning former Minister of Justice and Constitutional Development, Thembi Simelane, and her alleged involvement in the VBS looting scandal.

The DA insists that the public has the right to know what happened, as the matter concerns public funds, potential corruption, and the need for transparency.

In an interview with Newzroom Afrika, DA  advocate Glynnis Breytenbach emphasised the party’s belief that the report is in the public interest, saying, "The report concerns public money, it concerns corruption, possible allegations of serious corruption, and it’s in the public interest for South African voters and taxpayers to know precisely what happened there and make up their own minds about the entire matter."

She expressed disappointment that the Presidency refused to release the document, calling the decision unprofessional.

The report centres on a loan of R575,600 Simelane received during her tenure as the Mayor of Polokwane to buy a Sandton coffee shop.

This loan, which has raised questions about the transparency of the dealings, has been a source of public concern. Despite the controversy, the DA has argued that the public’s right to know should take precedence over claims of confidentiality.

Simelane’s involvement in the issue has led to questions about how the funds were managed, as well as about the broader implications for her role in government.

Breytenbach questioned the refusal of the presidency, noting, "The president is not above the law, and neither is Simelane, and transparency is paramount. They need to take the public into their confidence."

The DA had initially made the request for the report under the Promotion of Access to Information Act (PAIA), which allows South Africans to request information from public entities.

However, the presidency justified its refusal by stating that the report was a privileged exchange between the president and the minister, intended solely for the president’s use in making a decision about Simelane’s future.

Despite this, Breytenbach strongly disagreed with the notion that the document should remain private, particularly given the serious allegations surrounding Simelane.

"There is no such privilege that protects that document," she said, challenging the claim that the report was confidential.

The presidency's spokesperson, Vincent Magwenya, responded to the DA's request by asserting that the report was never meant to be public and that its contents were protected under executive privilege. Magwenya also suggested that the DA’s request represented an overreach into the workings of the executive, an argument that Breytenbach rejected.

 Breytenbach clarified that the DA is not attempting to interfere with the President’s ability to appoint ministers but is simply pressing for information that is crucial for public accountability.

"What I am trying to do is access information that is definitely in the public interest," she said. She added that South African citizens have every right to question how public funds are being handled, especially when the actions of a high-ranking official are under scrutiny.

The DA has already filed an appeal and is awaiting the outcome of that process. If the appeal is again denied, Breytenbach indicated that the party would consider other legal recourse.

She stressed that this issue is significant not only because of Simelane’s alleged actions but because it highlights broader concerns about transparency and the standard of conduct expected from government officials.

"If it’s a blunt refusal, we’ll have to consider our options," Breytenbach said.

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