Opposition To Take Up 'Oilgate' Issue With NPA |
Publication | Sapa |
Date |
2005-07-29 |
Issued |
Cape Town |
Reporter |
Sapa |
While opposition parties have questioned Public Protector Lawrence Mushwana's
report on the "Oilgate" scandal and pledged to take up the issue with
the National Prosecuting Authority, the ANC says it accepts his findings.
In his report released on Friday, Mushwana found no
evidence of wrongdoing in the "scandal" involving an alleged
R11 million payment by black empowerment company Imvume to the African National
Congress before last year's general election.
Commenting afterwards, ANC spokesman Smuts Ngonyama said his party had noted,
and accepted, Mushwana's findings.
"Because of other legal processes relating this matter, the ANC will not
comment further at this stage," he said.
However, Democratic Alliance Chief Whip Douglas Gibson said R11 million
"worth of public money cannot simply disappear into
ANC coffers, via an ANC front company without somebody being called to account".
"If the public protector cannot or will not act, we have every confidence
that the NPA will investigate the matter properly and institute prosecutions if
these are justified."
In his report, Mushwana had exonerated Deputy President Phumzile Mlambo-Ngcuka
and made a series of sweeping findings, not
always backed up by the facts, and in some cases without
seeking the evidence which was available, Gibson contended.
The DA would next week present a dossier outlining all available evidence
surrounding the scandal, along with a series of key questions, to the NPA, with
a request to investigate the matter.
"On the face of the evidence available it is quite apparent that only after
a full forensic or public investigation will the true nature of the relationship
between Imvume Management, PetroSA and the ANC be fully understood," Gibson
said.
The Freedom Front Plus, which made the original request to Mushwana to
investigate the matter, said it too would approach the NPA.
The NPA had earlier indicated it could not investigate before the public
protector's probe was completed, FF Plus MP and minerals and energy spokesman
Willie Spies said.
"The situation has, however, now changed. The law is a double edged sword.
If PetroSA did not do anything wrong by making a non-owed payment to Imvume
Management, then Imvume most certainly acted incorrectly by convincing PetroSA
under false pretences to make the payment.
"The FF Plus will therefore immediately be requesting the National
Prosecuting Authority to re-open the issue for investigation," Spies said.
Speaking in Pretoria at the release of his report, Mushwana said the ANC and
Imvume were not public entities, did not perform public functions, and were not
part of any level of government.
"The state has no shareholding in Imvume," Mushwana said, reading from
the report.
"The alleged payment was clearly made by one private entity to another and
could therefore not have had any bearing on state affairs."
Mushwana said on the available evidence he had not seen any offence and,
although the NPA was an independent body, if he had to recommend to them to open
a case he would have nothing to show them.
The sum of R11 million is alleged to have been from an advance payment of R15
million Imvume had received from PetroSA to procure oil from supplier Glencore,
which Imvume allegedly never supplied.
It has been alleged that Mlambo-Ngcuka (during her term as minister of minerals
and energy) improperly influenced PetroSA's decision to make the advance payment
to Imvume.
Mushwana's report states such allegations made against Mlambo-Ngcuka are not
substantiated and without merit.
He recommended the board of PetroSA in consultation with the CEO, and its legal
advisors take urgent steps to ensure that the outstanding amount due to PetroSA
by Imvume, is recovered without delay.
With acknowledgement to Sapa.