State capture-accused ANC big shots set out to collapse charges 

The five senior ANC leaders headed for a disciplinary showdown with Luthuli House over damning charges, including state capture, are preparing to quash their individual  
cases at the pre-trial hearing on February 25. 

With ANC bigwig Mathews Phosa as their chief defender, former ANC spokesperson Zizi Kodwa, Deputy Minister of Water and Sanitation David Mahlobo, National Assembly House chairperson Cedrick Frolick, and former public enterprises minister Malusi Gigaba plan to use the hearing to address technical legal issues, the legitimacy of the charges, to push back against the disciplinary proceedings. 

Also relying on Phosa’s legal acumen and heavyweight status, which mark him as a formidable advocate in this politically charged tribunal, is Deputy Minister of Public Enterprises Obed Bapela, whose separate case relates to an “unauthorised”  trip to Morocco last year, where he spoke on behalf of the party without prior approval from the leadership. 

Sunday World unde stands that Kodwa, Gigaba,Mahlobo and Frolick’s main defence would be the state capture commission of inquiry’s recommendation that law enforcement authorities carry out more thorough investigations to see if criminal charges should be brought against those accused. 

“[Judge Raymond] Zondo’s findings were not conclusive, and the accused risked double jeopardy until they concluded proper investigations. What if the authorities find nothing?” asked a source.  

In Bapela’s case, he would argue that the ANC had historical ties with Morocco. 

ANC national disciplinary committee administrator Rachmat Lamela said in an internal party memorandum last Wednesday that on the back of the pre-trial hearings, the actual disciplinary proceedings would take place physically sometime in March.  

Lamela said the choice of date would depend on the availability of parties involved and the venue. “With the consent of the presenters and comrade Phosa, the pre-hearing conference of comrades Gigaba and Mahlobo can be held in one pre-hearing conference, and a separate pre-hearing conference will be held for comrade Bapela.  

“The case of comrade Cedric Frolick also warrants a separate pre-hearing conference because of the nature of the charges.” 

The charges against the five heavyweights are varied.  

According to the charge sheets prepared by ANC national presenter Uriel Abrahamse, the five are nailed with an indictment that they failed to adhere to a national executive committee instruction issued that all ANC members summoned to appear before the Zondo commission should appear before the integrity commission or face disciplinary charges. 

Kodwa, another ANC big fish under fire, faces accusations that his “conduct, being beholden to Mr Jehann Mackay, detracts from the character, values, and integrity of the ANC.”  

Kodwa was criminally charged by the NPA with fraud and corruption after the Zondo commission’s findings that he received over R1.6-million from Mackay when he was the national spokesperson for the ANC to influence tenders in favour of the former’s company EOH.  

The charges against Kodwa have since been withdrawn. 

 Gigaba is battling similar reputational shrapnel.  

“You neglected to execute or comply with any ANC standing order or rule,” the charge sheet read. He is also charged with “facilitating state capture, corruption, and racketeering, bringing the ANC into disrepute”. 

According to the charge sheet, Frolick allegedly “engaged in conduct that brings the ANC into disrepute, pertaining to money laundering, corruption, and/or fraud”.  

With regard to Frolick, the state capture commission found that “the evidence establishes that there is a reasonable prospect that further investigation will uncover a prima facie case of money laundering, corruption and or fraud against the following persons and the matter is accordingly referred for further investigation”. 

Bapela’s charges echo the same themes of deceit and disloyalty. 

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Setumo Stone