Media statement about why, in addition to the criminal charges that have already been laid against the ANC, a further formal complaint is now also lodged with the public protector

18 October 2021

Good morning ladies and gentlemen of the media. The last time that we met with regards to this serious matter of the African National Congress (ANC) having committed acts of fraud, theft and corruption, was on the 15th of September 2021. We addressed the media outside the Johannesburg Central Police Station after we had laid criminal charges against the National Office Bearers of the ANC, and the African National Congress (ANC).

We then said that the decision to lay the criminal charges was not an easy step for us to take, and it only followed after many months of having raised our concerns internally with the senior management of the ANC, without any tangible response. We emphasised that we have absolutely no intention, whatsoever, to bring the ANC into disrepute, and that it is actually those senior leaders and managers who committed the crimes who have brought the ANC into disrepute. Today we want to emphasise that again.

The action that we have undertaken, and which today is further emphasised arid supported, by lodging this official complaint with the Public Protector in terms of Section 6(1) (a) of the Public Protector Act of 1994, is a serious attempt to salvage the ANC from miss-managent.

As we have done on the 15th of September, when we laid the criminal charges, we today once again want to draw a clear distinction between political issues, and these issues of financial maladministration and missmanagement. This is pure and simply a labour matter, it is not a factional political issue.

Similary, are the acts of intimidation that resulted from our decision to lay the criminal charges against the ANC - such as the dismissal of comrade Carl Niehaus from his position of employment with the ANC - a straightforward labour matter. Whistle blowing should in fact be encouraged, and is protected by the law. To intimidate those who do so, and as happened with comrade Carl to dismiss him for having done so, and it is in fact criminal in itself.

Comrade Carl has taken the matter on appeal, and his appeal hearing will be scheduled soon. We have total confidence that reasonability in the ANC will prevail, and that this matter will be amicably resolved.

When we laid the criminal charges against the ANC we indicated that we intend to take further complementary steps, and that we will also take two further steps to bring the matter to the attention of other government institutions. Filing this official complaint with the Public Protector is the next (second) step that we have envisaged. A further announcement, and release of documents, regarding the third step that we are undertaking will be made this coming Wednesday, the 20th of October 2021.

Without going into it any further at this stage, suffice to say that this concerns the ANC's financial health as an ongoing concern. We need to emphasise that what we are doing today is in addition to the criminal charges that we have already filed with the South African Police Service (SAPS). The invesigations in relation to those criminal charges continue apace, and it is dealt with as a priority case by The Hawks.

We are monitoring those investigations very closely. As the complainants, who have filed the criminal charges, we receive regular updates with regards to the investigating steps that are being undertaken, and we have already had two meetings with the investigating officer in the matter.

This is very important, because the said criminal case involves high profile persons, among them the President of the ANC and of the Republic, and it is critical to always ensure that there will be no favouratism, or attempts to delay or derail the case. At all times the Hawks must vcarry out their duties without fear or favour.

It has been reported to us that a formal letter requesting further detailed information regarding the charges had been delivered in person by the investigating officer of The Hawks to the Head of HR of the ANC, and to the General Manager of the ANC, Ms. Febe Potgieter. It is of critical importance that the ANC must respond expeditiously, and in full, to that official request from The Hawks. Any delays by the ANC to furnish the required information will generate a very wrong and negative impression. We will continue to receive regular updates from The Hawks, and monitor the situation and progress with this criminal investigation closely.

Let us now provide you with more details about why we have filed this additional official complaint with the Public Protector. Although the ANC, as a political party, is not a government institution, the criminal matter does involve government institutions such as the Financial Services Board (FSB) and the South African Revenue Services (SARS), that are in terms of legislation, among those the Unemployment Insurance Act 63 of 2001, responsible for regulating the Provident Fund, PAYE etc.

It is of serious concern that these institutions have not taken up the matter of the ANC having made deductions from employees salaries, but not having paid such over to the relevant government institutions. Since this involves government agencies, it falls squarely within the ambit the Public Protector, and that is why we have today filed our official complaint for further investigation by the Public Protector.

Thus, in addition to having laid charges about the criminal acts that have been committed by the ANC over a considerable period of time, it is of very serious concern why the relevant government agencies themselves have not insituted criminal charges against the senior management of the ANC, and the ANC as an organisation. The disturbing question arises if these government agencies have decided not to act because those matters involve the ANC as the governing party?

This failure to act makes the relevant government agencies complicit in these serious crimes. Such willful, and prolonged, disregard of the law by government institutions falls squarely within the mandate of the public protector to investigate.

We are also requesting the Public Protector to investigate whether the ANC, or management of the ANC, influenced these government agencies not to carry out their legal obligations, and thus failed to act against the ANC. In conclusion we would like to emphasise again that all of the steps that we are undertaking are part of our ongoing efforts to ensure that the ANC, as the Liberation Movement and the governing party that we love, will uphold the law.

Issued by Carl Niehaus and McDonald Mathabe, 19 October 2021