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Zwane must be probed on state capture and Gupta relations - DA

Cape Town – There are enough grounds to establish an ad hoc committee of inquiry into Mineral Resources Minister Mosebenzi Zwane’s relationship with the Gupta family and allegations of state capture, said James Lorimer from the Democratic Alliance.

Speaking to journalists after a meeting of the portfolio committee on mineral resources, the party’s spokesperson on mining said the DA is in favour of an ad hoc committee, or even a “quasi-judicial” inquiry into Zwane.

“Unfortunately, our call for an ad hoc committee of inquiry was turned down,” Lorimer said.

He said an inquiry into the Zwane allegations would be far-reaching and witnesses would have to testify in front of a number of portfolio committees, such as public enterprises.

“We’d also have to call members of the Gupta family and question the manner in which the minister was appointed. Was he appointed by the president (Jacob Zuma) or were the Guptas involved?”

The portfolio committee on mineral resources earlier received a legal opinion from parliamentary legal adviser Frank Jenkins about the committee’s powers with regard to an inquiry.

Jenkins said the portfolio committee on mineral resources is mandated in terms of the National Assembly rules and the Constitution to scrutinise the actions of members of the executive.

“The committee is allowed to investigate, monitor and make recommendations regarding any organ of state,” he said.

Jenkins added that the committee may also summon witnesses if they are reluctant to appear before Parliament. “The minister cannot refuse to appear before the committee. In terms of the Constitution, Parliament has the power to exercise its oversight function.”

He pointed out that the “sub judice rule” has been used too liberally in inquiries. “I don’t recommend that we use the term lightly. It’s been used to ensure certain questions are not asked. The test is if there will be an impact on the legal process. But in terms of the new rules (of Parliament), no member may reflect on the merits of a pending court matter.”

On October 18, Zwane appeared before the committee to answer a number of claims, such as his alleged involvement in the dairy farm project in Vrede in the Free State, his close connection to the Gupta family and President Jacob Zuma’s son Duduzane, whether he travelled and stayed in hotels at the expense of the Guptas or their business associates, his alleged role in securing the Guptas’ purchase of the Optimum colliery from Glencore, and his reported involvement in the landing of a Gupta-chartered aircraft at the Waterkloof air force base in Pretoria.

The minister vehemently denied that he at any stage benefited from his relationship with the Gupta family, or tried to further their business interests in his capacity as a public official.

He however also declined to answer a number of questions, claiming these matters are before a court and are therefore sub judice.

During Wednesday’s briefing Mandla Mandela (ANC), a member of the portfolio committee on mineral resources, said he is not in favour of a line of questioning in the event of an inquiry that does not pertain to mineral resources.

“The scope of the questions asked is often out of the scope of mineral resources,” Mandela said. “So what are we really doing? Why do we ask questions about Vrede dairy project in the Free State?”

Mandela further said the allegations against Zwane come from the media. “It’s not as if a source came to the committee and filed a complaint. These are speculations in the media. And you’re asking a portfolio committee to sit on speculation and media allegations.

"I find it very difficult to try and entertain – what is the finding we’re hoping to arrive at? Is this of real importance in terms of mineral resources?”

Jenkins agreed with Mandela that the type of questions asked should relate to mineral resources matters.

The DA’s Lorimer and his colleague Hendrik Schmidt however maintained that the allegations Zwane is facing are precisely in his capacity as a minister, and the questions would therefore have to go back to his tenure as MEC for Agriculture in the Free State provincial government.

“Mr Jenkins is entitled to his opinion,” Lorimer said, “but he doesn’t deliver the final word. I have a different opinion. You have to examine how the relationship (between Zwane and the Guptas) began which goes back to time as MEC in the Free State.” 

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