Public Protector must re-open Oilgate investigation

The Democratic Alliance will write to Public Protector Thuli Madonsela to request that she re-open the investigation into the Oilgate scandal, following revelations in today's Sunday Times that the late Sandi Majali wrote a letter to the ANC just weeks before he died setting out the extent to which he had funded the ruling party (see report). Adv. Madonsela should also investigate why President Jacob Zuma took no action on the allegations, despite the letter being sent to his office, and despite the curious circumstances of Majali's subsequent death.

The first Public Protector's report into the Oilgate scandal, prepared by then Public Protector Adv. Lawrence Mushwana, was rubbished by the North Gauteng High Court in 2009 for being a whitewash, and was set aside. That report was written to try to put an end to the persistent allegations that the ANC was abusing state funds to finance its election campaigns. However, in June this year the Supreme Court ruled that it would be for the discretion of the new Public Protector whether or not to re-investigate the matter. No further investigation has been undertaken. 

However, today's fresh evidence demands a full and thorough investigation. Majali's letter, if it is authentic, confirms that the original allegations around the Oilgate scandal are substantively true - in fact merely the tip of the iceberg. The allegations were that the ANC received millions of rands in state funds from PetroSA funnelled through Majali's company, Imvume Management.

Indeed, the letter shows how Majali funnelled considerably more money to the ANC than was previously alleged. All in all, R24 million. President Zuma's receipt of the letter adds a new and even more problematic aspect to this scandal. The President needs to explain whether he took any action to establish the veracity of the claims contained in the letter, and if he did not, why not.

We will write to the Public Protector to request that she:

• Re-opens a full investigation into the original Oilgate allegations, including the new information that has come to light since the discredited first Public Protector's report,
• Investigates whether President Jacob Zuma did receive the Majali letter, and if so, what action he took as a result.

Advocate Lawrence Mushwana, the former ANC MP and Public Protector failed to properly investigate the Oilgate scandal the first time around because he was a deployed cadre whose priority was to protect the ANC. As a consequence the ANC was able to get away, unscathed, with channelling taxpayers' money into its election coffers. This new information is an opportunity for a long overdue new investigation to finally uncover the whole truth.

Statement issued by Helen Zille, Leader of the Democratic Alliance, September 18 2011

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