ATC231003:Report of the Joint Committee on Ethics and Memebrs’ Interests on the Alleged Contravention of the Code of Ethical Conduct and Disclosure of Members’ Interests: Honourable Winnie Ngwenya, MP

Ethics and Members' Interest

 

 

 

 

 

Report of the Joint Committee on Ethics and Memebrs’ Interests on the Alleged Contravention of the Code of Ethical Conduct and Disclosure of Members’ Interests: Honourable Winnie Ngwenya, MP

 

The Joint Committee on Ethics and Members’ Interests having considered the complaint against Honourable Winnie Ngwenya, MP, reports as follows.

 

INTRODUCTION

On 18 May 2022 the Chairperson of the NCOP, Honourable Masondo, MP referred Part 3 “Bosasa” of the Judicial Commission of Inquiry into State Capture Report (“the Report”) concerning Honourable Winnie Ngwenya, MP, House Chairperson: Members Support and International Relations (“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 Chairperson of the NCOP 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 requested to provide written representations on the content on the Report.

 

SUMMARY OF THE COMPLAINT AS CONTAINED IN THE REPORT

 

BACKGROUND

The relevant part of the Report that relates to the Member is found in the context of Bosasa and its interaction with the Department of Corrections and the Portfolio Committee on Correctional Services.  Certain parts of the testimony of Mr Agrizzi, Mr Dennis Bloem and Mr Vincent Smith refer to the Member.

 

Mr Dennis Bloem- Catering Contract

Mr Bloem testified that during his tenure as the Chairperson of the Portfolio Committee on Correctional Services for the period 2004 to 2009 he was concerned with the catering contract that was awarded to Boasa. He could not see the logic in the catering contract as the inmates cooked the food and the Department of Corrections had its own farms. Mr Bloem was very vocal about his dissatisfaction of the catering contract between the Department and Bosasa. Mr Agrizzi however stated that the catering contract resulted in about 60 000 offenders being trained in the food industry with national accredited courses. Mr Agrizzi also believed that the catering contracts saved the Department money as they charged R10.55 per person per day as compared to another prison where the cost was R29.00 per person per day.

 

Mr Bloem stated that he tried to intervene through the Office of the Speaker of the NA at time, Mr Max Sisulu, to try and prevent the awarding of further contracts or extension of contracts to Bosasa. He also stated that his office at Parliament was burgled twice during 2004 and 2009 and documents were removed.

 

He said that Ms Winnie Ngwenya who was one of the committee members on the Portfolio Committee on Correctional Service visited him and told him that she was sent to him by the owners of Bosasa who wanted to meet with him. She then told him that there was “inyuku” (slang for money). He told her that he was not interested. He later realised that Ms Ngwenya was bias toward Bosasa and that she had no real concern for the Department of Correctional Services.

 

Mr Agrizzi- Meeting at hotel in Rivonia Road

 

Mr Agrizzi testified that around 2010/ 2011 he met with Mr Vincent Smith in Parliament. Thereafter, in 2011 he and Mr Gavin Watson met with Mr Smith, Seopela, Mr Magagula and Ms Ngwenya at a hotel in Rivonia Road. He indicated that it was this meeting that caused the turning point in Mr Smith’s attitude towards Bosasa. It became clear to him during the course of the meeting that the other people in the meeting were members of the Portfolio Committee.

 

According to Mr Agrizzi it was agreed at this meeting that monthly Mr Smith would get R45 000 (forty-five thousand rand), Mr Magagula would get R30 000 (thirty thousand rand) and Ms Ngwenya would get R20 000 (twenty thousand rand).

 

Mr Agrizzi also testified that the Ms Ngwenya lived close to the Bosasa office and would frequently collect her payment there. The payments to Ms Ngwenya and Mr Magagula stopped when they stopped being members of the Portfolio Committee.

 

Mr Vincent Smith- Meeting at Sandton

Mr Smith denied ever meeting Ms Ngwenya outside of Parliament and stated that he never had a discussion with Mr Watson regarding the working relationship between Bosasa and the Department of Correctional Services.

 

In Summary the Member is alleged to have, tried to influence Mr Bloem, the Chairperson of the Portfolio Committee on Correctional Services to accept “bribe” money from Bosasa. To have acted in a favourable way toward Bosasa and in return accepting R20 000 a month as gratification for her favourable conduct toward Bosasa. Failed to act in good faith as a Member of Parliament on the Portfolio Committee on Correctional Services.

 

SUMMARY OF RESPONSE BY THE MEMBER

 

The Member was requested to provide a reply to the compliant. The Member responded 17 June 2022 as follows:

1.  The Member denied that she told Mr Bloem that there is “money”. She also denied that she showed bias toward Bosasa.

2.  The Member denied that she was paid cash on a monthly basis by Bosasa. She also denied that she collected money at the premises of Bosasa.

3.  The Member denied that she was served with a Rule 3.3 notice by the Commission and that because she was not served with a Rule 3.3 notice, she did not file a rule 3.4 request to cross-examine Mr Bloem and Mr Agrizzi.

4.  The Member states that the Commission violated the rules of natural justice when it failed to issue her with a notice.  

 

FINDING IN THE REPORT

On pages 820 to 821 at paragraphs 1986 to 1989 the following finding is made:

1. The evidence implicating Ms Ngwenya in corrupt activities and in failing to discharge her duties as a Portfolio Committee member in good faith is unchallenged.
2. Ms Ngwenya did not make an application in terms of Rule 3.4 to cross-examine witnesses even though she was issued with a Rule 3.3 notice on 28 February 2019.
3. Her conduct constitutes the facilitation of the award of tenders in return for corrupt payments in breach of the Constitution (section 217 and 195), the provisions of the Code of Conduct for Members of the National Assembly and legislation (the PFMA- Public Finance Management Act 1 of 199 and PRECCA- Prevention and Combatting of Corrupt Activities Act, 12 of 2004).
4. As a Member of Parliament and a holder of public office her conduct falls squarely within ToR 1.4.
5. There is a prima facie case of a contravention of sections 3 and 7 of PRECCA and the matter is referred to the relevant authorities for investigation and prosecution accordingly.

 

THE CODE

The Code of Ethical Conduct and Disclosure of Members’ Interests was adopted by the Houses on 29 July 2014 (NA) and 31 July 2014 (NCOP) and came into operation on 1 November 2014.  The Code does not have retrospective effect.

 

The matters that are covered in the Report as it relates to the Member predates the coming into operation of the Code. The matters allegedly transpired during 2004 to 2009 (Mr Bloem and Mr Agrizzi) and 2010/2011 (Mr Smith).

 

This matter therefore falls to the Code as set out in the Schedule to the 6th edition of the Joint Rules, for determination. This code was applicable before the current 2014 Code.

 

THE SCHEDULE TO THE JOINT RULES – THE CODE

Part 3, item 16 of the Schedule to the Joint Rues provides as follows:

“A member breaches the Code if the Member

1.  contravenes or fails to comply with the provisions of this Code;
2.  when disclosing registrable interests, wilfully provides the Registrar with incorrect   or misleading details.

 

Part 2, items 12 and 13 refer to declarations of private interests before a Committee and declarations of private interests when speaking to a Member of Cabinet. These provisions do not relate to the conduct as allegedly committed by the Member in terms of the Report.

 

In terms of item 17, the Committee may determine its own procedure when investigating and alleged breach but must at least hear the complainant and the member against whom the complaint is lodged.

 

PROCESS  

The Committee extended an invitation to the Member so that they Member could be heard on the complaint. The Member addressed the Committee in person on 7 November 2022. After the address by the Member the matter stood over to a future meeting to afford the Committee members an opportunity to pose questions to the Members. The answer and question session took place on 12 June 2023.

 

The Member categorically denied the allegations against her. She indicated that she does no know why Mr Bloem implicated her in the Bosasa matter. She indicated that she never met Ms Smith at a hotel in Rivonia Road. She also indicated that she does not reside close to the Bosasa offices. 

 

The Committee accepted the explanation by the Member and found that the Member did not breach the Code.

 

REPORTED FOR INFORMATION

THE CO-CHAIRPERSONS OF THE JOINT COMMITTEE ON ETHICS AND MEMBERS’ INTERESTS: BEKIZWE NKOSI AND LYDIA MOSHODI