Maduna Goes on the Offensive Against Claims by Official |
Publication | Business Day |
Date | 2003-10-09 |
Reporter |
Rob Rose |
Web Link |
Justice Minister Penuell Maduna says allegations that he undermined the rule of law by intervening in certain liquidations are a nauseating and unwarranted attack on him by a disgruntled employee.
Deputy director-general of the justice department Mike Tshishonga has lobbied the office of President Thabo Mbeki to convene a judicial commission to expose corruption in the R18bn liquidations industry including allegations that Maduna himself was guilty of nepotism.
Maduna said last night that Tshishonga was a "disgruntled official" who "doesn't have any evidence for what he is saying, that is his problem".
Tshishonga launched an attack on his boss this week, suggesting Maduna was in some way involved in corruption within the department.
But yesterday, at a press conference, Tshishonga admitted he had no evidence for any allegations of corruption against Maduna.
"There are questionable practices and questionable relationships. We are talking about corruption in the industry, not accusing the minister literally of corruption," he said.
But in an affidavit, Tshishonga did level charges against Maduna of "obvious nepotism, given the close relationship and friendship between the minister and Enver Motala".
He was referring to Maduna's intervention in the controversial winding-up of Retail Apparel Group (RAG).
In that instance, the South African Revenue Service (SARS) lobbied Maduna to appoint Motala as its nominated liquidator based on the R300m tax claim in RAG.
The master of the court initially did not appoint Motala as there were doubts about the validity of the tax claim, but after SARS' request, Maduna directed the master to appoint Motala.
Maduna said: "As the political head of the department of justice and constitutional development, I have a duty to ensure that the department functions efficiently and effectively at all times in both the public and the national interest. My interventions are designed to ensure that."
Tshishonga said: "It is my view that the integrity of the criminal justice system of SA is being seriously compromised by these events and that indeed the system is in danger of collapsing completely and that the minister is personally responsible for this state of affairs."
But Tshishonga is taking Maduna to the labour court and some claim this is driving his efforts to imply wrongdoing.
Tshishonga also admitted he had no evidence for the allegation that Maduna favoured Motala, other than the existence of a "questionable relationship".
He said Motala had been appointed in liquidations worth R340m for the past six months more than any other liquidator.
When asked whether it was not a case of Motala simply being good at his job, Tshishonga said this was why an inquiry was necessary to probe these issues.
"This may be an innocent relationship, but it needs to be examined," he said.
However, Maduna does not appoint liquidators. This is the job of the master of the court.
Motala said that "for Tshishonga to suggest that I have been awarded R340m worth of liquidations work due to my alleged relationship with the minister is not only inaccurate but an absolute distortion of the truth. I have been supported in all my matters by creditors."
Maduna has been outspoken on the need to root out corruption in the liquidations industry, saying the industry is riddled with corruption and needs to be investigated.
With acknowledgements to Rob Rose and the Business Day.