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News | National | General

M&G Oilgate exposé vindicated

JOHANNESBURG, SOUTH AFRICA Jul 30 2009 14:46
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The Mail & Guardian welcomed Thursday's ruling by Judge Ntsikelelo Poswa of the Gauteng North High Court overturning Public Protector Lawrence Mushwana’s report on the Oilgate scandal.

Read the full judgement (PDF)

The M&G took Mushwana’s report, widely held to have been a “whitewash”, on review under the Promotion of Administrative Justice Act following its release in July 2005. Judge Poswa heard the matter in November 2007 and gave judgement on Thursday.

Among the more odious aspects of Mushwana’s report were that he refused to pursue the money trail to the ANC, claiming that this was private and outside his mandate, and that he ignored clear evidence of wrongdoing relating to aspects of the allegations that he did investigate.

The M&G revealed in May 2005 how R11-million in taxpayers’ money had flowed from PetroSA, the state oil company, to the ANC through empowerment oil trader Imvume Management.

Further articles revealed:
  • how Imvume had made payments to persons close to or for the benefit of former social development minister Zola Skweyiya and former deputy president Phumzile Mlambo-Ngcuka; and
  • how Imvume, effectively a front for the ANC, had promised South Africa’s support to Saddam Hussein’s Iraq in exchange for oil, which Imvume sold to the South African state following a “rigged” tender.
Mushwana, who made no attempt to consult the M&G during his investigation, held in his report: “Much of what has been published by the Mail & Guardian was factually incorrect, based on incomplete information and documentation and comprised unsubstantiated suggestions and unjustified speculation.”

Poswa’s ruling vindicates the M&G. It sets aside Mushwana’s report and orders a new investigation, including of the matters which Mushwana claimed were outside his mandate. He also awarded costs to the M&G.

Judge Poswa’s full order reads:

That the respondent’s report titled Report on an Investigation into an Allegation of Misappropriation of Public Funds by the Petroleum Oil and Gas Corporation of South Africa, trading as PetroSA, and matters allegedly related thereto, dated 29 July 2005 (“the Report”) is set aside.
  • That the respondent or his successor in title is to investigate complaints that were not investigated, re-investigate all complaints that were investigated and write a report on the outcome of his/her investigation.
  • That the respondent or his successor must, when doing such investigation, take into account the findings of the Donen Commission, if any findings have been made by such Commission, and, to the extent that such findigns are consisten with his or her own findings, incorporate them into his or her own findings.
  • That the respondent pays the applicants’ costs.
M&G editor-in-chief Nic Dawes commented: “The ruling is further vindication of the extraordinary investigative work done by Stefaans Brümmer and Sam Sole. More importantly, it puts the public protector on notice that his duty is to the Constitution and the people of South Africa, not to powerful political and financial interests.

CONTINUES BELOW


“We look forward a more thorough investigation of the Oilgate saga by the public protector, and to the prospect of genuine accountability for the abuse of public money for party political purposes uncovered by our reporting.

“We also hope the court's ruling that the public protector must take into account the findings of the Donen Commission will result in those findings, unjustifiably kept secret by former president Thabo Mbeki, being made public.”

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Comments

There is still some hope for the Judiciary--provided this Judge doesn't get the sack for actually applying the law!
on July 30, 2009, 3:27 pm
This judge must be the new Chief Justice.
Molefi Molefi on July 30, 2009, 3:43 pm
Mushwana, ANC Protector from the Public.This is one of the Chapter Nine offices that the ANC has deployed it's cadres for the reasons of deflating public scrutiny.
Now the ANC has employed Ray McCauley to help it deflated it's lack of public obligations.No the ANC,can't even approach the same people it courted for votes.What a sham of a government.What can you tell people about your lack of delivery when your ministers are busy on a shopping spree for luxury cars.The same money they are spending could have been put into better use.
Other responsible governments in the world leases cars for government ministers, hence avoiding unnecessary misuse of public tax money.But the ANC thinks they own the country and the people and it and it doesn't gives a rat's ass.

The ANC government must be shamed and exposed.It seems to live in a bubble.
Evans Mazi on July 30, 2009, 3:45 pm
Eish, meeting tonite at Luthuli House, bring that judge in...comrades we must fire him and imprison him for siding with the enemy....right get out the explosives...call in Mcbride for deployment in the canteen at M&G...
Craig Smith on July 30, 2009, 3:51 pm
Bring back the ArmsGate/Oilgate shames from under the carpet, whence the ANC brushed them.
Sinudeity @gmail.com on July 30, 2009, 3:52 pm
Well the public voted the ANC in overwhelmingly. Now they are having service delivery protests. Personally I would blame the voters.
Isabella Van der Westhuizem on July 30, 2009, 3:55 pm
Well done M&G. Everyone with a brain cell knew Mushwana covered for his bosses. But you took the trouble to prove it. The public deserves more such investigative reporting and follow through to expose this very expensive circus called a government. Well done!
henriw on July 30, 2009, 3:56 pm
Evans - the ANC government cannot lease cars... The investigation after the MEC's brand new car was stolen revealed that no insurer in the country will touch government cars because they get abused, damaged and are involved in too many accidents. And no lease company on this planet would dream of allowing an un-insured car to be leased out. Maybe we should start them on something they can handle and deserve.... skateboards perhaps?
Alan Ashcroft on July 30, 2009, 4:10 pm
This judge must become the Chief Justice.
Molefi Molefi on July 30, 2009, 4:30 pm
Now that the 'ulterior motive'd investigative journalists' have been vindicated, lets try and suppress the calls about the 'third force white journalists', who just want to 'smear the ANC'. Go M&G.
Sinudeity @gmail.com on July 30, 2009, 4:42 pm
I agree with Evans Mazi.And thank God for Mail & Guardian who does not squirm and backoff, but hunts a story down. But we can expect these thing to happen in fulfillment of bible prophecy.
Rev.22:11 "He that is unjust, let him be unjust still: and he which is filthy, let him be filthy still: and he that is righteous, let him be righteous still: and he that is holy, let him be holy still". And it will always start at the top. So it is to be expected yet it must be exposed and that is the job of the church, and if we must,the media. So thank you Mail and Guardian again I hope you get to the bottom of it soon just a pitty you have to pay for it yourselves from your own recources while the Goverment uses Tax payer money for their unrighteous/unjust causes

Johan Lotz on July 30, 2009, 4:55 pm
"Call in McBride for deployment in the canteen at M&G"?
its 2009, dude; you need to evolve already.
redd on July 30, 2009, 5:27 pm
usually i get the feeling the journalists are always compromised, this gives me hope! Thanks M&G!
white trash on July 30, 2009, 7:05 pm

Now you know why an ANC compliant judiciary is vital to the future of the "national democratic revolution".
Siegfried Hannig on July 30, 2009, 11:42 pm
let's hear more! I am very impressed that the South African people will start to hear the truth about these dealings. Perhaps the ANC miscalculated how easy it would be to hide their dirty laundry? Mind you, I wonder whether the electorate cares enough at this stage? We may need to see a lot more corruption exposed before the voters are willing to punsih the ANC. They have a very forgiving fan base.
Nahor Ecnarraf on July 31, 2009, 12:34 am
Sorry the arms deal shenanigans will not go away. That money could have been used for much better causes - like housing, fighting AIDS, etc. Worst of all that was foreign exchange used to buy unnecessary and useless war material. That means all that effort (like working down a hot stuffy mine) to earn that foreign exchange was wasted.
andrew beverley on July 31, 2009, 9:46 am
Well gentlemen the Jury is out -ANC ANC ANC, and you will hear the masses voting again and again and again- da da da is what you will hear the minory shout about when voting. The results Capital letters will prevail and small letters complain and and write stories of corruption with negative returns on the Polls-

Start politics of hope and fuse prositive energy than tide might,maybe might turn. When Madam still shout when addressing the Media to appear Authoritative the more the masses will just run away and not vote for an Angry Leader.

Simple explaination- Its shows disregard of the collective, ubuntu,ububele, isizotha, inhlonipho. Thats what we need from the leader "be humble".
Sydney Gumbi on July 31, 2009, 4:31 pm
Great heavens Brother Syndney, what on earth do you mean by that weird garbled amafuf? Or is it a parody and I am missing something in my old-fashioned sense of humour? Anyway, it puts a smile on my dial for some strange reason! I don't know why, but it should probably make me cry.

However, my main point is to express my congratulatins to the M&G for their astute and incisive investigations into this crime, and for their reporting it to the nation some years ago. Where would South Africa be without its excellent investigative journalism? Remember how journalists exposed the Information Scandal of the apartheid Nats? This M&G exposure is at least of equal standing. Brilliant work, people, you are SA's best!
Citizen Mntu on July 31, 2009, 9:08 pm
Sorry Sydney -- I mispelt your name above.
Citizen Mntu on August 1, 2009, 1:39 am
The 'OilGate' scandal is a perfect example of crony money (i.e. BEE money) being the recycling of unproductive money. It's a practice that will eventually destroy the SA economy, especially in a time of recession.

It is very good indeed to see the High Court putting that liar Mushawana in his place. Public Protector! A perfect example of Orwellian double-speak. That man was briefed to protect the ANC and its 'clients'.
Citizen Mntu on August 1, 2009, 1:46 am
For a change we do not have the "okes" in the wings squealing about rascist decisions and biased judges and trials by media. Every one here so far has slammed the Govt for dirty dealings. Perhaps this fight against corruption will be a unifying force? After all it is a very small minority who are simply milking us dry!
Gordon Smith on August 1, 2009, 1:11 pm
Now how do we get a similar finding/decision on the arms deal?

ANC - your days are numbered...
Alan Watkins on August 3, 2009, 11:31 am
@redd on July 30, 2009, 5:27 pm
"Call in McBride for deployment in the canteen at M&G"?
its 2009, dude; you need to evolve already.

No dude, you need to recognise, perhaps even understand, the satire sarcasm or even irony indicated by the writer.
Alan Watkins on August 3, 2009, 11:35 am
@Sydney Gumbi on July 31, 2009, 4:31 pm

What on earth are you trying to say? I can only conclude that you must be mentally disturbed or perhaps even retarded.
If either of those, good luck for the future, I am sure no one is trying to insult you.
If neither of those, please try again to express yourself again.
Alan Watkins on August 3, 2009, 11:42 am
This rotten can of worms will presently crack wide open and the moiling nasties will writhe under the light of the sun. A foetid stench will of course arise, but presently, with the worms, it will be cleansed away.

An excellent solution for these worms would be deportation to a guano island off the Skeleton Coast. The smell won't be noticed, and the worms will eventually serve their country as liquid manure. :)
Citizen Mntu on August 15, 2009, 3:39 pm
We will never know the true extent of the arms deal debauchery and the backdoor deals which have essentially damaged South African institutions and international credibility all for the sake of making some high ranking officials independently wealthy, courtesy of the taxpayer.
What is worse, our democracy has been subverted by a political organisation that makes no distinction between itself and the state and has brought democracy to the brink of farce by taking funding from the deals it brokers to fund its election campaigns. Force and fraud in the ruling party have become a bane to the democratic polis. It is the most unfair of practices for the ruling party to use its position to fund itself with taxpayer money without being accountable in the least. Even the most revered politicians have brought public faith in their probity low. How do these people sleep at night knowing that they are so morally flexible?
I live for the day when all those implicated in the arms deal are brought before public justice, held to account and punished for their works, without been given an unfair Shaik.
Justin Time on August 24, 2009, 10:05 am
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