Acting SIU head "temporary" - 10 months later and counting
This week marks the tenth month of Advocate Nomvula Mokhatla's acting appointment as SIU head. She was appointed after the disastrous appointment of Adv Willem Heath, who had to step down within two weeks of his appointment after exhibiting his lack of impartiality very publicly.
At the time, the President's spokesperson, Mac Maharaj, was quoted as saying "This is a temporary appointment as was Jiba's. Nothing stops the president from making appointments that are temporary. The longer term solution to the position will be sought once all due process is followed".
On 22 August this year, upon asking the Justice Minister when a permanent head would be appointed, he replied that a permanent head was "imminent".
It would appear that the President and the Minister have unusual ideas as to the meaning of "temporary" and "imminent". Ten months acting in such a vital position, whilst still holding down her job as Deputy National Director of Public Prosecutions, can hardly be what is envisaged as "temporary". And whilst it is patently obvious that the President and the Minister do seem to have a problem understanding due process, one cannot imagine that it can take ten months to figure it out. Quite frankly, it is irresponsible.
The SIU is a vital organisation in the fight against corruption. During Mokhatla's tenure she has been driving an agenda pushed by NEHAWU, and reinstated a senior official, Mizeria Nyathi, against the advice of her own lawyers. Her explanation at last week's portfolio committee meeting was unconvincing. She claims that no finding has been made against Nyathi that she was involved in the creation and dissemination of a letter attacking Hofmeyr and other SIU members, yet we are reliably informed that there is evidence on possession of the SIU from a private forensic investigation company that directly links Nyathi to that letter. The reason there is no finding is that she has not been charged. No explanation for this has been given.
During Mokhatla's tenure, several senior people have also resigned, and we have serious concerns about the agenda being driven.
If the President and the ANC were as concerned about the fight against corruption as they claim, they would have acted decisively and ensured that a credible, impartial head was appointed as soon as possible to ensure that the unit runs as smoothly and efficiently as possible. The fact that this has not happened says more about the ANC's attitude towards corruption than any words could.
Statement issued by Debbie Schafer MP, DA Shadow Deputy Minister of Justice and Constitutional Development, October 15 2012
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