Enver Motala's plea for presidential pardon: test for Zuma's intention to clamp down on corruption - Solidarity

Enver Motala, tarnished former Pamodzi Gold liquidator, would present President Jacob Zuma with his first corruption-fighting test, the trade union Solidarity said today. Motala, found guilty on 92 charges of fraud and one of theft, has applied for a presidential pardon in respect of these charges, according to a report in the Mail & Guardian today (see here).

The trade union also voiced its concern about the influence that Michael Hulley, one of Aurora's controversial directors, could bring to bear on the presidential-pardon process. Hulley was recently appointed legal adviser for the presidency.

Gideon du Plessis, deputy general secretary of Solidarity, said Motala's petition put Zuma's credibility in jeopardy. "President Zuma announced earlier this year in his state of the nation address that fighting corruption would be a top priority in this year's agenda. Granting Motala's plea for a presidential pardon would seriously question Zuma's commitment to rid South Africa of corruption. He might even appear to justify the actions of Motala and the Aurora directors," Du Plessis said.

"In his application for a presidential pardon Motala allegedly acknowledged that he had been found guilty of 93 criminal charges, and that he had changed his surname. If the pardon is granted, it would mean that a major part of the reason for Motala's removal as liquidator would fall away and that the complaint currently being investigated against him would not be completed," Du Plessis said. "That would be a slap in the face of the mineworkers whose lives have virtually been destroyed by the contrivance of Motala and Aurora."

The master of the high court removed Motala as liquidator of the Pamodzi Gold estate and the Panel of Liquidators in 2011 and recommended that he never again be allowed to act as liquidator. That came in the wake of the disclosure, during questioning in terms of section 381 of the Companies Act, that Motala had previously been found guilty of 92 charges of fraud and one of theft.

He tried to conceal that criminal record by changing his surname to Motala; however, he denied this fact under oath in the high court and in the media. The master of the high court found that Motala had lied about his criminal history under oath and consequently also submitted a charge of perjury with the national prosecuting authority. Moreover, during questioning the flow of unauthorised funds between Motala en Aurora Empowerment Systems was proved.

Yet another charge of fraud is currently being investigated against Motala after he produced a false warranty for R20 million issued by a so-called potential buyer of the Pamodzi mine assets. The document, allegedly drawn up in his presence, was submitted as evidence in the high court.

Solidarity has meanwhile been informed that Winnie Mandela, in an affidavit and letter, supports Motala's application for a presidential pardon. "This creates the suspicion that Mandela was involved in the Aurora debacle from the start," Du Plessis added. Mandela's grandson, Zondwa Mandela, is the managing director of Aurora Empowerment Systems, which in the meantime has been liquidated itself.

Statement issued by Gideon du Plessis, Deputy general secretary: Solidarity, March 2 2012

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