How the Northern Cape Legislature bought the ANC a benz (and how they're trying to hide it) - COPE

On 3 November 2010, the Northern Cape provincial legislature bought a Mercedes Benz ML320 and registered it in the name of ANC provincial secretary Zamani Saul. Over a week later, on 11 November, the legislature's top officials approved the purchase after it had already taken place.

The request for the car was made by David Molusi, the ANC's Chief Whip. The Party Caucus fund was used to buy the car, even though policy does not allow the funds to be used for this purpose. How taxpayers bought Saul a new Mercedes Benz is outlined in detail in a range of documents leaked to the public by whistleblowers.

We have the car's registration documents to show that it was registered in Saul's name, we have a copy of the cheque signed by the legislature's CFO, Joseph Mekgwe, and we have the invoices among other pieces of evidence. In fact, we have everything we need to hold someone accountable for this mess.

When we first raised this issue, Saul's response was that his signature on the car's registration documents had been forged. He never laid any charges. He also said that he was planning on branding the car for the ANC's municipal elections campaign, which he duly did. The dealership, Moto-net in Kimberley, said the forgery claim was nonsense.

Ordinarily this case would have been wrapped up ages ago and the offenders punished. Instead the opposite is taking place.

Yesterday the legislature's task team investigating Saul's car asked me to sign a contract based on the Protection of Information Act of 1982. This Act was originally designed for the Apartheid government to fight what it called "terrorism", and what we now call the struggle for liberation. The Act was meant to hide military secrets from the government's enemies. PW Botha would be proud of the legacy he has left for the provincial ANC leaders to exploit.

The punishment recommended by this Act is laughable. It follows from this contract that the Northern Cape Legislature is ready to put me in jail for 10 years or fine me R10 000. This will happen if I talk about why the institution bought a R600 000 Mercedes Benz and registered it in the name of the ANC Provincial Secretary.

If I sign this contract I will not be able to tell anyone what is happening inside the chambers of the task team. Even when the investigation is done I will not be able to talk about what was discovered. If the information is somehow leaked, I will be subjected to a lie-detector test to determine if I am the culprit, according to the contract. If I decide to talk they can throw me in jail or fine me heavily. I will never sign this contract even though all other members of the task team have already done so.

There is a paranoia surrounding this investigation that is of great concern. It provides a glimpse into what might happen to corruption investigations in the future if the ANC succeeds in passing the new Protection of Information bill.

When public money is spent, people have the right to know how and why. Section 38 of the Public Finance Management Act and section 217 of the Constitution are clear that procurement by the government must be a transparent process.

The investigation into Saul's car should have been done by the Standing Committee on Public Accounts, as is standard practice for all provincial financial matters. This committee is open to the public, but there are people, including the Speaker Boeboe van Wyk, who decided that they want this investigation done in secret. That is why the task team is investigating instead, and why all constitutional principles are being thrown out of the window.

I will remain a member of the task team until I receive a written instruction for me to sign the contract or leave the task team. I am committed to seeing justice prevail in this matter, by any means necessary, based on the evidence that exists.

Statement issued by Fred Wyngaard, MPL, COPE Leader of the opposition in the Northern Cape, June 30 2011

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