ATC23101003: Report of the Joint Committee on Ethics and Members’ Interests on the Alleged Contravention of the Code of Ethical Conduct and Disclosure of Members’ Interests: Honourable Thulas Nxesi, MP – Minster of Employment And Labour
Ethics and Members' Interest
Report of the Joint Committee on Ethics and Members’ Interests on the Alleged Contravention of the Code of Ethical Conduct and Disclosure of Members’ Interests: Honourable Thulas Nxesi, MP – Minster of Employment And Labour
The Joint Committee on Ethics and Members’ Interests having considered the complaint against Honourable Thulas Nxesi, MP, reports as follows.
INTRODUCTION
On 26 May 2022 the Speaker of the National Assembly, Honourable Mapisa-Nqakula, MP referred Part 4, Volume 2, “The Free State Asbestos Project Debacle / The Free State R1 Billion Housing Project Debacle” of the Judicial Commission of Inquiry into State Capture Report (“the Report”) concerning Honourable Thulas Nxesi, MP, Minister of Employment and Labour (“the Member”) to the Joint Committee on Ethics and Members’ Interests (“the Committee”).
On 6 June 2022 the Committee resolved to process the referral by the Speaker of the NA in terms of item 10. 2.2.3 of the Code of Ethical Conduct and Disclosure of Members’ Interests (“the Code”). Item 10.2.2.3 provides as follows: “The Committee acting on its own may consider any breach or alleged breach of the Code.”. The Member was duly notified and was requested to provide written representations on the content on the Report.
SUMMARY OF THE COMPLAINT AS CONTAINED IN THE REPORT
AD PAGES 429 to 430 and pages 435 to 436 OF THE REPORT
BACKGROUND
During the Asbestos audit, secret beneficiaries who were perceivably politically connected people were identified as people to whom payments were made. These people on the face of it appear not to have provided any goods and services to Blackhead Diamond Hill Joint Venture, so as to justify the payments made to them. Different payments were made by Mr Sodi or Mr Mpambani through Blackhead or 605 consulting.
The Commission was unable to verify bank accounts. Mr Sodi was asked to explain the payments.
PAYMENT TO THULAS NEXESI, MP
- Mr Sodi explained the payments that were made to the Member and indicated that two payments totalling R45 000 was paid to the Member.
- However, the one payment was made to a school and the other one was for accommodation of underprivileged children.
The Member provided an affidavit to the Commission that confirmed the explanation by Mr Sodi but clarified that his name appeared as a reference for the payment and that the payment was not made to him.
SUMMARY OF RESPONSE BY THE MEMBER – STATEMENT IN TERMS OF RULE 3.3
The Member was requested to provide a reply to the compliant. He provided his statement that he provided the Commission in terms of its Rule 3.3.
The Member indicated that during 2017 he tried to raise money to assist two families that were in financial need. The first was the widow of Mr Muzi Buthlezi, who could not pay her child’s school fees. The second was the widow of Comrade Mbuyisela Ngwenda, who was bedridden and could not pay school fees and provide accommodation for her children.
Fifteen thousand rand (R15 000) was paid by Mr Sodi for the school fees of the child of Mrs Buthelezi. This was paid directly to Sunward Park High School. Thirty thousand rand (R30 000) was paid by Mr. Sodi for the accommodation of the two children of the late Comrade Ngwenda and it was paid directly to Ms GT Ramphaka.
CONSIDERATION BY COMMITTEE
The Committee considered the proof of the payments and found that it confirms the version of events as explained by the Member. The committee found that the Member did not breach the Code.
REPORTED FOR INFORMATION
THE CO-CHAIRPESONS OF THE JOINT COMMITTEE ON ETHICS AND MEMBERS’ INTERESTS: BEKIZWE NKOSI AND LYDIA MOSHODI