Why we tabled a motion of no confidence in NC Premier
Today I tabled a motion of no confidence in the Premier of the Northern Cape, Hazel Jenkins. I did this in accordance with s.141 of the Constitution of the Republic of South Africa.
This was not a decision I took lightly in my capacity as Leader of the official opposition. How would history judge me if I sat on my hands and did nothing, like the Premier is currently doing, at this important juncture? The motion was tabled due to the Premier's failure to act on the Supreme Court of Appeal judgment in case no. 491/10 delivered on 1 June 2011.
Judge A Cachalia upheld a previous ruling that SA Soutwerke (pty) Ltd, of which the MEC for Finance John Block is a director, has been mining for five years on provincial soil with a fraudulent mining license. The judgment has been referred to the National Police Commissioner and National Director of Public Prosecutions amongst others on the instruction of the judge. To this day, MEC Block has been unable to say how or where he acquired the fraudulent license.
After failing to act on this court ruling by requesting or enforcing the resignation of MEC Block in accordance with the powers afforded the Premier by s.132 of the Constitution, we can only conclude that the Premier has no regard for the integrity of the provincial government. In fact, we are well into the second week after the judgment without even a public statement from the Premier on the matter. We view this as a serious dereliction of duty on the Premier's part and, therefore, no longer have confidence in her ability to serve in the province's highest office in an effective and ethical manner.
MEC Block faces numerous other separate charges relating to fraud, corruption, racketeering and money laundering. His position as MEC requires him to present a respectable image of the province to the international investor community. Crucially, he is also mandated to monitor and prevent fraud and corruption by the Public Finance Management Act and the new anti-graft Treasury regulations.
The ANC's secretary general, Gwede Mantashe, has repeatedly stated that the decision to remove MEC Block from his post is in the Premier's hands. Constitutionally this is correct. Politically, however, the Premier has gone on to do the exact opposite by:
- Sitting in the front row in court during all MEC Block's recent appearances in a show of full solidarity
- Campaigning extensively during the recent local government elections on a joint platform with Block
- Refusing to take the decision and act outside of the ANC's Provincial Executive Committee which is chaired by MEC Block in his capacity as the party's Provincial Chairperson
Rule 162 of the Northern Cape provincial legislature compels the Speaker to place the motion on the Order Paper for discussion at a house sitting not less than seven working days from now. A prior debate on MEC Block's fitness for office was held in November 2010.
On that day, the Premier and her cabinet were quick to defend him. There was no vote on that day, but this time there will be. A majority of MPL's will now decide on this matter. The question is will the provincial leaders of the ANC embarass their supporters and national leadership once again by coming out in full force to defend the indefensible?
Statement issued by Fred Wyngaard, COPE MPL, leader of the opposition in the Northern Cape legislature, June 9 2011:
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