Committee chair invokes sub judice principle to shield Motsoeneng, Zwane and others implicated in R1 billion housing scandal

9 February 2017

The Chairperson of the Portfolio Committee on Infrastructure Development, Sarah Moleleki (MPL), has denied our request to invite Human Settlements MEC, Sisi Ntombela, to come and brief the Committee on her legal actions against implicated individuals, contractors and trusts in the R1 billion Free State housing scandal, on the basis that the matter is sub judice.

In her letter to us, Moleleki states that the matter is currently before “judicial consideration”, that the matter is “therefore prohibited from public discussion elsewhere” and that the “Committee is compelled by Law to not discuss the matter prior to its conclusion in the court…”.

Invoking the sub judice principle is nothing but an attempt to shield implicated individuals like Hlaudi Motsoeneng, Minister Mosebenzi Zwane and Minister Fikile Mbalula’s wife, Nozuko Mbalula, from public scrutiny.

I have again written to Moleleki today asking her to reconsider her decision by referring her to the Supreme Court of Appeal’s judgement, written by Judge JA Nugent, on behalf of a full bench of 5 judges, on the matter of sub judice in the Midi Television Case.

Sub judice can only be applied when there is a convincing argument that there is demonstrable and substantial risk of prejudice in the administration of justice. Moleleki has failed to do so.

More than 11 000 houses remain either unbuilt and incomplete in the Free State. More than a R1 billion has found its way into the pockets of connected cadres within the ANC’s patronage network. Thousands of homeless and destitute families in the Free State deserve to know why they are forced to remain homeless.

The DA will not allow this matter to be swept under the carpet by ANC cadres desperate to protect fellow comrades from being held accountable.

Issued by Leona Kleynhans, DA Free State MPL, 9 February 2017