Former Eskom CEO Andre de Ruyter’s performance in parliament on Wednesday comes straight from President Cyril Ramaphosa administration’s “how to dodge accountability” textbook.
At least yesteryear’s crooks would sweat blood to produce an E-grade Nollywood movie on how a swimming pool is a fire pool. That is accountability to some Nkandla degree.
Today’s crooks would find a clause in some apartheid statute that prohibits the fire pool demonstration in the interest of national security.
By using the law, they can restrict the public’s access to information and use it to their own advantage. This allows them to control the narrative, manipulate the public, and prevent the truth from being revealed.
It makes it easier for them to get away with their nefarious schemes. Consequently, they can exploit the law to their advantage and escape accountability.
Ramaphosa’s administration has mastered the art of hiding behind the law when the public demands accountability.
Because the legal system is often complicated and difficult to navigate, it has become easy for Ramaphosa’s administration to manipulate it for its own benefit. Those in power use the law as a shield from accountability.
Not long ago, the president refused to answer questions in parliament about the illegal Phala Phala dollars curiously banked inside his sofa. He said it was a strict instruction from acting public protector Kholeka Gcaleka, and he got away with it.
Gcaleka had reportedly instructed Ramaphosa to not answer any questions about the case, as it was still under investigation, and her office had stated that any comments made by Ramaphosa could interfere with the ongoing investigation.
In the same Phala Phala breath, the ANC MPs shot down a parliamentary inquiry into the allegedly stolen dollars because state institutions were still investigating.
The ANC said an inquiry would conflict with investigations already under way, leading to possible disruption of evidence and interfering with the investigation process.
Yet, the highest courts of the land have ruled that nothing should stop parliament from doing its work even when another state agency was dealing with the same issue.
The legislature, as a part of government, is given the power to make laws and decisions on behalf of the people and is not subject to any other agency. This ensures that parliament can act independently and make decisions without interference.
But the ANC MPs got away with it.
Next example. For months now the standing committee on public accounts has been chasing Public Enterprises Minister Pravin Gordhan for transparency over the R51 sale of national carrier SAA to private players.
The committee has asked for more information about the process leading up to the sale and why certain decisions were made.
It has found that the government was not transparent enough in the process and that more information is needed to ensure that it was a fair and equitable sale.
Gordhan’s refusal to account is blunt, citing commercial secrets as his reason. He continues to get away with it even when the deal is shrouded in controversy.
By not disclosing the details of the deal, the public cannot make an informed decision about the sale. But who cares about public trust when you have in charge those declared by our Chief Justice Raymond Zondo as heroes?
Recently, Finance Minister Enoch Godongwana gave Eskom a controversial exemption to pick and choose whether or not to report incidents of financial maladministration in the company’s financial reports.
Some expensive lawyer somewhere showed him the clause in the Public Finance Management Act and he jumped for it.
The exemption fell off this time because even those who speak for the country’s wealthy elites opposed it. Poor South Africans are not always lucky when fighting unjust laws.
Evidently, the state capturers of yesteryear were a disappointment. They jumped into the trade before mastering the craft.
In hindsight, nothing stopped former public enterprises minister Malusi Gigaba from selling SAA for R51 to his friends. He was just incompetent at the state capture game, so he missed out on the opportunity. Damn you … Gigaba.
Now we have professionals in charge and running the show.
That is why De Ruyter would rather be on TV crying wolf about dangerous criminals whose names he prefers to keep secret when called to openly account before the parliament of the people.
Why? Because the law prohibits him from speaking openly.
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