Text of the open letter from the suspended head of the KwaZulu-Natal Agriculture Department, Advocate Modidima Mannya, to the Minister of Transport and former KZN Premier, Sibusiso Ndebele, July 27 2009

OPEN LETTER TO MINISTER SBUSISO NDEBELE, MINISTER OF TRANSPORT.

Mr. S Ndebele, MP
Minister of Transport
Republic of South Africa

Dear Minister Ndebele.

"There comes a time in the life of any nation when there remain only two choices: submit or fight. We will not submit and..."

Let me start by congratulating you on your appointment as Minister under the new administration. I will however later in this letter appeal to your conscience to prevail on you to resign your position for the reasons I will state hereunder.

In my letter to you in February this year amongst others I intimated to you that Mr. Zuma will become President of the Republic. This has now happened. In the same letter, I informed you of my origins but omitted to inform you that I am a father of a 10 year old whose future will be ruined.

I guess by now you know that the persecution process you initiated as Premier has now been concluded. Not wholly unexpected, I was found guilty and the recommendation is that I be dismissed. Quite intriguing is that the findings of guilt seem to have nothing to do with the evidence on record. However, as I have already pointed out in my letter of February, not even these findings and recommended sanction would change my position on the real issues that led to my suspension and disciplinary hearing. Just to remind you that amongst the charges against me were that I charged my deputy for financial misconduct arising out the Rl8million contract entered into between the department and CORD Consulting CC for social facilitation for 7 months. If you recall, I cancelled this contract after consultation with Mr. Mthimkulu, who informed that he consulted with you on the matter. That is however neither here nor there.

I am writing this letter basically to appeal to your conscience for you to step down as Minister. I know and understand that this is an unprecedented step. I would have wanted to sit and discuss this with you, but judging by the fact that when you suspended me you hardly had the courage or courtesy to even send me an sms, I doubt if I could ever had an opportunity to meet you, particularly to raise this issue with you.

When you were appointed Premier, you took an oath of office as prescribed in the Constitution of the Republic of South Africa. Amongst others you committed yourself and undertook obey, respect and uphold the constitution and other law of the Republic. You also undertook to hold your office with honour and dignity and perform you're the functions of your office conscientiously.

When you were Premier, you spoke out against corruption, established a unit in your office to deal with this, hosted an anti-corruption summit, and led the moral regeneration and African Renaissance programmes.

2005/2006 R100 million Over-expenditure

When you were Premier, an over-expenditure of Rl00million occurred in the Department of Agriculture and Environmental Affairs. Obviously, Dr. Mjwara paid the ultimate price. However, the key question I urge you to answer with full honesty, is whether you did not know that the over-expenditure will occur and you do not know the actual context and circumstances under which the over- expenditure occurred. Based on what we all know, Dr. Mjwara could not alone have embarked on such a dangerous and suicidal move. What still has to emerge is who else knew and was part of discussions which resulted in that over-expenditure. When this comes out, we will know and understand why despite serious allegations of financial misconduct were leveled against him, you authorized a re-determination of his contract. Of course he later had to go to court to get his money.

The CORD Contract.

You also know that following this over-expenditure, a forensic investigation costing over R11million rand was conducted. Interestingly amongst others one of the key recommendations was that a reconciliation of payments to CORD Consulting be conducted. An accountant was appointed for that purpose and found that CORD owed the department over R4million rand. This is exactly why I refused to authorize any further payments to them, never mind it was not clear to me what they had been doing to justify any payments.

CORD Consulting has been involved with your erstwhile Department of Transport over many years while you were MEC. It would be very interesting to know whether during that period they were ever appointed through a competitive bidding process. We all know that for the whole of the period of their contracts and until a no-nonsense person took over they received millions of rands in payments.

In 2005, CORD was awarded an Rl4million 3 year contract. Not unusual, there was no competitive bidding process. I challenge anyone to state publicly that when Dr. Mjwara appointed CORD, he acted on his own and without any other influence.

At or about July 2007 and after Dr. Mjwara's departure CORD and the department signed a contract of Rl8million with CORD for social facilitation for 7 months. This is the contract £ cancelled based on State Attorney's legal advice as well as due to reality of the blatant corruption that went into procuring this contract. True to form, I was told then that there would be consequences. But as you know, I am enjoined by the laws of my country to act without fear or favor. This I did and deserve some accolade.

Before I cancelled this contract, I extensively and exhaustively consulted with the former MEC, Mr. Mthimkulu. A detailed written report was given to him and knowing Cord's history and associations, was asked to consult with you. I was told that you agreed that I cancel the contract. I am however surprised that you later charged me for charging my deputy who facilitated this contract.

On a separate matter, let me tell you Mr. Minister that the story that CORD does a good job is a myth I will never buy. Someone will have to show me a scientific impact assessment report of the work they did and how that met government key policy objectives such as sustainable jobs, economic development, skills and capacity development etc.

It is very interesting that the man you appointed to act in my position when you suspended me is the same person who entered into this contract. This is the same person you appointed to act when Dr. Mjwara resigned. This same man testified at my hearing and was boastful of the fact that he gave CORD another R10million contract without any competitive bidding process.

By the way, Mr. Minister, your Provincial Treasury was involved in the award of this irregular Rl8million rand contract. I discovered from documents your team submitted at my hearing that the former Head of Treasury chaired a meeting where a decision was taken to appoint CORD. I have what I am told are reconstructed minutes of such a meeting. I was initially surprised when I saw from a list of your witnesses that the Head of Treasury would be one of the witnesses against me. Remember, he is the man who was supposed to sign the contract. Even today it still has his names as the person who represented the department.

Mr. Minister, this is the same contract which made provision for Professor Paul's Zulu to earn an amount of R2.7million. But Minister, this man never submitted any proposal neither did he have a contract with the department. But he seemed to have all the rights of a person having a valid contract with the department. I guess he is connected to powerful people.

At or about the 9th October 2007, and at the height of my investigation, a meeting took place at one of the rooms at the legislature between the former MEC and CORD. I don't think you want to know what was said in that meeting about me and my future. May we should request that the minutes of that meeting be made public.

Mr. Minister, I heard that I was accused of not implementing a turnaround plan developed by CORD. I challenge anyone who has a copy to make such a plan public so we can know what they are talking about. Let me pointedly tell you Minister, that there was never such a plan. The document referred to as Carlos Boldogh, whom I charged for this contract referred to, is what he said in his evidence at my hearing was a cut and paste between him a CORD and it is the same document on the strength whereof CORD was appointed on this Rl8milIion rand contract. But Minister this is blatant corruption. There are many other competent service providers who can do far much better than CORD and who do not need to be assisted to produce proposals as CORD was assisted.

The total value of contracts awarded to CORD without tender in the Agriculture Department alone is over R40milllon. Was Dr. Mjwara acting as a frolic of his own when he gave them the first contract? Was Adam acting as a frolic of his own when he gave them both the Rl8million and R10million contracts? Was Adam acting as a frolic of his own when he authorized the additional payments which were not due?

The Macambini/Dubai Proiect.

You will recall that in December 2007, at the height of my investigation, formed part of your team to Dubai to negotiate that so-called R50billion investment. Amongst others you approved that a Mr. Mchuchu Nxumalo and Jabu be part of the delegation. These two were supposedly business people. I am not sure what the report you received on their involvement in the discussions were, but I can guarantee you that Jabu was never part of any discussion where I was present. Of course businessperson might mean different things to different people. I do not think that it is my job to tell you why I think she was there and what role she played whilst in Dubai. You can imagine that yourself.

You will also recall that you authorized that Inkosi Khayelihle Mathaba and Chris Wilken of the Ingonyama Trust is part of the delegation. They were but were not even invited to meetings where this matter was discussed. Maybe someone can tell why this happened. Of course I do not think Inkosi Mathaba would have sat and marveled hearing that his tribal land was being sold for I US Dollar. I also do not think Chris would have simply sat there and smiled whilst a scheme was being designed to undermine the Ingonyama Trust Land Act.

Minister, I fully support development, but only if its developmental and sustainable. Minister, I abhor forced removals in any form it take place. The whole scheme that was being designed was calculated to result in a form of forced removal for certain people in Macambini. I say forced removal because a proper legal process would not be followed. I thought basic common sense dictates that we needed a plan first, we needed a feasibility study first, we need all key role players on board first, we need real businesspeople on board first, we needed requisite statutory authorizations first etc.

Whilst in a meeting we were presented with a draft agreement. I raised a number of objections. Let me repeat some of the objections I raised in Dubai:

• Provision was made for the provincial government to spend 30 000 USD (R300 000 000) per annum for the marketing of the project. I would never understand the logic of this. However, you would be aware of the provisions of section 67 of the Public Finance Management Act. A provincial government may not bind itself to any future financial commitment, denominated in foreign currency.
• Provision was made for the land to be sold at I USD. I am certain that you know that the land in question is tribal land and cannot be alienated. You also know that government is not the owner of the land. I do not understand why we could sell land we did not own.
• Provision was made for government to clear all settlements, graves etc. Mr. Minister, I would kill, if need be to protect my ancestral graves. Until then I thought of you as someone who respect and understand our culture, heritage and the sensitivity of our cultural practices. Outside of this draft agreement, I was particularly required to give an undertaking that an environmental impact authorization will be granted. This is not only illegal but also illogical. An authorization can only be issued once there is an application and it meets all the requirements.
  For your interest, when I further objected to this blatant corruption, I was told who was to be bribed and how much each bribe would be. Mr. Minister this whole thing is ethically, morally and legally reprehensible. I understand why you subcontracted your responsibility to Mbanjwa to ensure my persecution.

The AURA International Tourism Conference

In January 2008, you and Mbanjwa were together in Dubai having left, as I understand just before Christmas. Mbanjwa called me to inform me that you require me to transfer funds to Aura international for the hosting of a tourism conference. He further informed me that if I did that you would not act against me based on the report of the investigation. Naturally, I told him to tell you that I dared you to act on the report. Mr. Minister, section 39 (1) (a) is very specific that funds can only be used for the purposes for which they were voted. Other than that as Premier, you knew where the tourism function was located. But even if I were to do it, we still needed to follow the correct procurement procedures. I am not sure why the relevant department was not approached and also it was urgent that this could not even wait for you and your DG to return. Let me remind you that in terms of the Constitution of the Republic of South Africa, an Acting Premier was appointed when you left for Dubai and that person had the authority to issue instructions.

It is scandalous that anyone can expect me to transfer R1,5 million rand to a foreign bank account for that matter against an invoice that is not even addressed to me. This is but blatant corruption.

By the way this Aura International seems to be owned by the same person who facilitated the Macambini project. In addition hereto, Mr. Mchuchu Nxumalo, who is supposedly a partner or shareholder in Alpha Tours, owned by the same facilitator, took responsibility for our travel arrangements. Mr. Minister, Mr. Nxumalo is not an employee of government. He is one of the business persons you authorized to be part of the delegation. Maybe there is contract with Alpha Tours

Travel to Dubai

I understand the travel and subsistence policy to provide that officials at my level (level 16) can only travel business class on international trips. Of course I flew first class with your DG I understand that he generally fly first class. Mr. Minister, this is wholly illegal and as only the political head can authorize the travel of a person at both myself and Mbanjwa's level, one wonders whether someone kept a blind eye to this practice and what the reasons would be. I am sure the difference between first and business class for all trips is owed to government and should have been paid back.

Investigation against me

Mr. Minister, I have done a number of serious investigations in the past. I am shocked to learn that the investigation conducted against me cost the taxpayer approximately R1, 2million. I am sure you read the 43 odd page report. Other than that it has no substance, I cannot believe that government can spend more than Rlmillion rand to pay for 43 pages of double spacing and quotations. Worst still to investigate amongst others a complaint that an employee believed I appreciated her shoes.

Mr. Minister, it can never happen that the department is so dysfunctional and has been like that for a while and only Dr. Mjwara is to blame. I commissioned an investigation to determine whether the second layer under Dr. Mjwara was wholly innocent. As you know, it is not only the Accounting Officer who is responsible but also other officials as contemplated in section 45 of the Public Finance Management Act. Mr. Minister, two of my deputies were found to have contravened section 45 and I accordingly charged them. Why did the department not proceed with the disciplinary hearing? Why are they being protected? If your administration took seriously the problems associated with the over-expenditure and the outcome of the forensic investigation, then why was I charged when I acted on the strength of these reports. It is significant that three of the complainants had already been charged with misconduct arising out of these investigations.

I am still waiting for whoever bugged my phones( official and private) and accessed my banking statements illegally to come out in the open. This smacks of apartheid government dirty tricks.

On an unrelated matter, Mr. Minister an investigation was conducted by the same law firm against Dr. Busi Nyembezi, the former Head of the Department of Health. I am raising this matter because for some strange reason, this report is kept under wraps and she ultimately accepted a re-determination. That she could not even see the report against her is beyond my understanding. Why can't this report be made public like mine? Are there probably other interesting names and issues in that report? And how much did it cost to conduct the investigation?

Charges against me

I find it very interesting, Mr. Minister that you seemed to have not had the courage to sign my charge sheet yourself. Knowing what I know now, I am not surprised that I was even charged for writing a letter to a manager asking him to explain why he failed to attend a workshop and why he should not be held responsible for any wasteful expenditure. I was also charged for asking managers to provide me with reports on their activities. Is this how desperate people were to get rid of me?

You charged me for introducing a project management approach to fast-track service delivery. Now the budget statements in respect of Vote 3 state that the same system we introduced, for which I was charged was used to fast tract delivery. Is this not embarrassing?

Comments about Dr. Mjwara

I hold no brief for Dr. Mjwara, but I was completely shocked to read your interview with the Sunday Tribune a while ago. What struck me most was what you were quoted as saying that Dr. Mjwara was a bad administrator who wanted to please everyone. Yes, maybe he should have said no to a number of you. But, Mr. Minster unlike him, I said no and never planned to please everyone but I am in no different situation as him. But I also do not understand that if you in particular saw something wrong with what he was doing, you kept quite. For example the story of the Nguni cattle is classical. Mr. Minister, as Premier you accepted the cattle and only returned them when challenged publicly. Clearly this could not have been Dr. Mjwara's failing administrative capability. This is about a conscience. This matter, Mr. Minister require a more detailed and independent investigation.

Dismissal of Mr. Selemeni

Mr. Selemeni was a NEHAWU shop steward who participated in a petition signed by more than 1000 staff members calling for my suspension to be lifted. He was suspended allegedly for undermining your authority and was subsequently dismissed. Mr. Minister, under your stewardship as Premier, a father lost his job for exercising his democratic right. His three little kids must now suffer because of someone's ego problem, not because he committed any offence. With so much corruption going on in that department and no-one being disciplined, here is a man who gets dismissed for being part of a petition.

Transformation of the department

Maybe God is punishing us by having taken MEC Dumisane Makhaye so early in his life. I remain completely shocked about whether there was ever a will to ensure that the department plays its rightful role in the fight against poverty and hunger. I remain shocked that consulting with communities and planning with them is offensive to some in positions of leadership. I am a proud African and for the record do not believe in this mentality that rural people always need to be facilitated with R18million contracts to benefit from government programmes. I have sat and listened to want the beneficiaries want. Mr. Minster, these people know exactly what they want. Even if I was hated so much, at least your government should have carried through what the people identified as their key needs and implemented the plans developed with them.

I understand that about R20miIlion was committed for turning around the finance section of the department. Mr. Minister, this is ridiculous and unheard of. It is pity that this matter will probably never be investigated so that the actual truth behind this can emerge because there is in fact a story behind this story.

Mr. Minister, how many of the previously disadvantaged are benefiting from the procurement in the department as we speak. How many local suppliers are being used? How does it happen that one supply can be given work worth more than Rl4million for events?

Minster, during your stewardship and long after my suspension, Senior Managers presented a dossier of complaints against the current Acting Head of
Department. Guess what happened.

I often wonder why is it that this department has always been in trouble and nothing significant can be done to address the problems. Maybe there is a need someday despite the latest favorable AG reports, to go deeper.

African Renaissance

You may recall that departments had to pay for some unspecified activity for the African renaissance. You know, Mr. Minister, some of these things are actually shocking and makes the job of an Accounting Officer impossible. Maybe someday we will know why we had to pay.

I have run out of time and space and will stop here in the mean time. There is more and more hardcore stuff I can write about and for which I can provide evidence, I request that you really consider my request.

I am copying this letter to the Minster responsible for Planning in the Presidency. As Minister of Finance, he is on record as saying the country need civil servants who are able to say "no, Minister this is wrong". I am saying to him that I am example of such a civil servant who you did not need.

I am also copying this letter to the Commander in Chief, President Zuma. But because you meet him regularly, I also request that you hand a copy to him. I also request that you propose to him that he appoint an independent commission of inquiry to lock into all these matters.

My position on these issues remain unchanged despite the latest developments. I owe no leader a duty to obey illegal and unlawful instructions and to be used as a tool for corruption and plundering of state resources. I am more than happy to be dismissed for refusing to do other people's corruption.

Thank you
Adv. Modidima Mannya
Head of Department: Agriculture and Environmental Affairs,
KWAZULU NATAL

July 27 2009

Source: The Witness

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