This analysis from the FW de Klerk Foundation delves into the controversial Cabinet members of South Africa’s new Government of National Unity (GNU). It scrutinizes individuals facing serious corruption allegations and their potential impact on governance. Highlighting the ethical challenges and legal concerns surrounding these ministers, the analysis questions their suitability for high office. This examination, the second in a series, follows a prior review of contentious Members of Parliament, emphasizing the ongoing scrutiny of leadership integrity.
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Issued by the FW de Klerk Foundation
Introduction:
This article investigates controversial members of Cabinet in the Government of National Unity (“GNU”), taking into account the demands of the various parties to it. Specifically, it examines those facing criminal prosecution, or allegations of committing crimes. It is the second article in a series, with the first article investigating controversial Members of Parliament (“MPs”).
South Africa’s recent political developments have ushered in a second GNU, built around “Integrity, good governance and accountable leadership” (Founding Principle 8.10 of the GNU Statement of Intent). However, among the newly appointed Cabinet members (i.e. Ministers) are several individuals tainted by allegations of corruption, raising critical questions about their suitability for executive positions.
MP first, Minister second:
The Constitution mandates that the President appoint the Cabinet, which consists of himself (as the head of the Cabinet), a Deputy President and the various Government Department Ministers (section 91). Nearly all the Ministers are MPs (the President may only appoint up to two (2) people who are not MPs as Ministers (see section 91(3)(c)). Put differently, to be eligible for a Cabinet position, individuals must first secure seats as MPs in the national elections. Thus, everything in the formation of the Cabinet hinges on the composition of the Parliament.
To contest for a seat in Parliament, candidates must first undergo an internal party assessment, which then ranks their position on the party list submitted to the Independent Electoral Commission (“IEC”). Party lists are comprehensive rosters of candidates a party nominates for election. According to section 27(1) of the Electoral Act, 1998, these lists must be submitted to the IEC. These must be accompanied by declarations and undertakings – as specified in section 27(2) – including the undertaking to be bound by the Electoral Code of Conduct. These measures ensure that each candidate meets constitutional and legal requirements and agrees to adhere to the electoral code.
The Constitution outlines that MPs must swear faithfulness to the Republic and to obey, uphold and respect the Constitution and all other laws. Similarly, Ministers and Deputy Ministers swear an oath to “obey, respect and uphold the Constitution and all other laws of the Republic” and to perform their duties “with honour and dignity” (schedule 2, chapter 14 of the Constitution).
Coalitions – The Aftermath:
After losing its majority and falling to just 159 seats out of 400 in Parliament, the ANC found itself scrambling to form a coalition. In a surprising turn, the ANC and DA set aside their historical rivalry, joining forces through the Statement of Intent to establish the GNU. This foundational document serves as the bedrock for their collaboration, emphasising inclusivity, national interest and effective governance. The ANC, despite losing its parliamentary majority, anchors the GNU alongside the DA, the second-largest party in South Africa which holds 87 seats.
Ten parties now form part of the GNU, each entering into the coalition based on the principles outlined in the Statement of Intent: The IFP, a significant player in KwaZulu-Natal politics who holds 17 seats, also participates, adding regional perspectives to the coalition’s diversity. Rise Mzansi and Al Jama-ah, each contributing their two parliamentary seats to the GNU. The GNU further includes the Patriotic Alliance (“PA”) with 8 seats and the Freedom Front Plus (“FF Plus”) with 6 seats, alongside GOOD (1 seat), the Pan Africanist Congress (“PAC”) (1 seat) and the United Democratic Movement (“UDM”) (3 seats), ensuring a diverse spectrum of viewpoints and priorities within the government.
The ANC has welcomed this expanded coalition, noting that these parties collectively represent over 70% of the vote in the 2024 elections. This broad support base reflects the GNU’s mandate to unite various political forces in tackling South Africa’s pressing challenges.
Cabinet position demands of the GNU parties:
Among those party to the GNU, the following are known to have expressed demands:
DA:
In a leaked letter to ANC Secretary-General Fikile Mbalula dated 23 June 2024, Helen Zille, Chairperson of the DA Federal Council, articulated the DA’s demands and expectations for their participation in the GNU.
Specifically, the DA demanded:
Deputy President Position: The DA insisted on holding the position of Deputy President in the coalition government.
Alternative Proposal (if not Deputy President): Alternatively, they proposed the creation of two key positions:
- Minister in the Presidency (designated as the Leader of Government Business).
- Deputy Minister of Finance (with full participation in budget development).
- Ministry of Mineral Resources and Energy.
- Ministry of Transport (with Transnet reallocated to this portfolio).
- Ministry of Trade, Industry and Competition.
- Ministry of Public Works and Infrastructure (with infrastructure function relocated from the Presidency).
- Ministry of Higher Education, Science and Innovation.
- Ministry of Public Service and Administration.
- Ministry of Cooperative Governance and Traditional Affairs.
- Ministry of Justice.
- Ministry of Home Affairs.
- Ministry of International Relations and Cooperation.
- Ministry of Communication and Digital Technologies.
Thus, the DA demands 12 Cabinet positions. In the end, it was allocated six, along with six deputy minister positions.
PA:
The PA wanted the Ministry of Home Affairs, the Ministry of Police or the Ministry of Sports, Arts and Culture (citing the positive impact of sports on youth as a deterrent from crime). Ultimately, it saw Gayton McKenzie, the party president, appointed as the Minister of Sports, Arts and Culture.
PAC:
The PAC emphasises land restitution as a pivotal issue in its engagement. With a single parliamentary seat, the PAC aims to focus its participation on achieving comprehensive land restitution that rectifies historical injustices and empowers those who were dispossessed. It was awarded the position of Minister of Land Reform and Rural Development.
Cabinet of Controversy: Ministers Under Scrutiny
Several of the recently announced Cabinet members face allegations of serious corruption. These individuals, now occupying key ministerial roles, bring forth a critical examination of their suitability for such positions, given the ethical and legal challenges they pose, as well as the potential impact on the seventh administration’s credibility and effectiveness.
If the corruption allegations listed below lead to successful prosecution and result in a sentence of more than twelve months’ imprisonment without the option of a fine, the ministers would be disqualified from being MPs by section 47(1)(e) of the Constitution. This disqualification is significant, because, as stated above, Cabinet members must first be MPs, ensuring their eligibility and adherence to constitutional standards.
Allegations against Cabinet Ministers question their adherence to the above oath. Their alleged misconduct also contradicts the principles of integrity and accountability required by their positions.
Finally, such allegations also contradict the very document which has given rise to the GNU – the Statement of Intent. Specifically, the commitment to “integrity, good governance and accountable leadership” is compromised (Foundational Principles of the GNU). Furthermore, these allegations contradict the pledge to “uphold the Constitution, the Bill of Rights, and the rule of law“, as well as the focus on “integrity, good governance and accountable leadership“.
Here are some of the new Cabinet Ministers mired in controversy:
1. Paul Mashatile: Deputy President
Paul Mashatile faces severe corruption allegations that span nearly two decades, raising significant ethical concerns and jeopardising the GNU. An investigation recently revealed Mashatile’s luxurious lifestyle, funded by “tenderpreneurs” and government contract beneficiaries like Edwin Sodi, a businessman implicated in the Free State asbestos tender scandal. Despite the gravity of these allegations, President Cyril Ramaphosa has not acted against Mashatile, prompting the DA to push for his removal and a full Special Investigating Unit (“SIU”) probe. The National Prosecuting Authority (NPA) is also to decide if it will prosecute Mashatile in light of the criminal charges the DA laid against him.
Despite not being prosecuted by the NPA to date, Mashatile’s alleged misconduct undermines the GNU’s integrity and credibility, contradicting its stated commitment to transparency, accountability and ethical governance. His actions raise serious ethical questions, suggesting a systemic failure to address corruption within the ANC.
2. Stan Mathabatha: Deputy Minister of Land Reform and Rural Development
Deputy Minister of Land Reform and Rural Development Stan Mathabatha faced calls to resign from Cosatu due to his alleged leniency towards corruption during his tenure as Limpopo Premier. Accusations included failing to act against corruption, outsourcing leadership to a faction and reinstating officials implicated in the VBS looting scandal without consulting Cosatu. Specific incidents involved awarding PPE contracts to companies linked to ANC leaders’ relatives and mishandling land and housing projects, with significant financial discrepancies. Mathabatha’s alleged failure to address these issues undermined public trust and the government’s credibility.
While Mathabatha himself has not been directly implicated in corrupt activities and is not currently under prosecution for any such failure to execute these responsibilities, he may be in contravention of section 34 of the Prevention and Combating of Corrupt Activities Act, 2004 (“PRECCA”), which mandates the reporting of suspected corruption involving amounts exceeding R100 000. His failure to report such activities could result in criminal liability. Additionally, the reinstatement of officials involved in serious corruption allegations without thorough investigation and resolution could be seen as failing to uphold anti-corruption measures. Furthermore, ignoring SIU investigations and failing to act on corruption allegations under investigation by the SIU could be interpreted as neglecting his duties to combat corruption effectively. These actions threaten the integrity of governance and the fight against corruption in South Africa.
3. Mondli Gungubele: Deputy Minister of Communications and Digital Technology
Mondli Gungubele, now Deputy Minister of Communications and Digital Technology, faced serious corruption allegations during his tenure as chairperson of the Public Investment Corporation (“PIC”). Accused of complicity in irregularities surrounding the R4,3 billion investment in Ayo Technology Solutions, Gungubele and other board members faced scrutiny from a judicial inquiry. Despite maintaining his innocence, citing a concerted effort to discredit the board, he and the entire PIC board was requested to step down in 2019. This controversy, coupled with ongoing investigations, raises questions about his suitability for a Cabinet position. His recent appointment as Deputy Minister in a crucial portfolio has reignited debates about accountability and ethical governance within South Africa’s leadership structures. At present, Gungubele is not being pursued for prosecution.
4. Angie Motshekga: Minister of Defence and Military Veterans
Angie Motshekga, previously the longest-serving Minister of Basic Education in South African history, is embroiled in allegations of corruption regarding the selling of posts within the education sector, which undermined merit-based appointments. Motshekga, as the Minister of Defence and Military Veterans, oversees national defence and veterans’ affairs. A pivotal role. Despite the aforementioned allegations, she is not being prosecuted at present.
5. Kgosientsho Ramokgopa: Minister of Electricity and Energy
Kgosientso Ramokgopa, formerly the mayor of Tshwane from 2010 to 2016, has been dogged by allegations of corruption, notably involving a multi-billion rand tender scandal with PEU Capital Partners. This scandal, centred on the installation of smart meters in Tshwane, led to a legal challenge and a termination agreement costing taxpayers millions, later deemed unlawful by the North Gauteng High Court. Ramokgopa also faced scrutiny for overspending on renovations to the Tshwane mayoral residence during his tenure, amounting to R12 million. Despite admitting to corruption under the ANC’s rule, he transitioned to various political roles, including head of the office of investment and infrastructure in the presidency. Ramokgopa’s appointment as the Minister of Electricity and Energy raises concerns about accountability and transparency in managing South Africa’s critical energy sector amidst ongoing challenges and public scrutiny.
6. Blade Nzimande: Minister of Science, Technology and Innovation
Blade Nzimande, the former Minister of Higher Education, Science and Technology, faced serious allegations of corruption related to kickbacks from National Student Financial Aid Scheme (“NSFAS”) service providers, as revealed by OUTA. These allegations included financial gains for himself and the South African Communist Party (“SACP”), which he led. Nzimande denied these claims, calling them part of a malicious campaign. His move to the Ministry of Science, Technology and Innovation occurs amidst this controversy. This appointment raises concerns about ethical leadership in science and innovation sectors crucial for South Africa’s development. The allegations undermined public trust, prompting calls for accountability and legal action from opposition parties, though no prosecution of Nzimande is currently underway.
7. Enoch Godongwana: Minister of Finance
Enoch Godongwana, the current Minister of Finance, faced serious allegations of involvement in a pension fund scandal while chairing Canyon Springs Investments 12 between August 2008 and March 2009, long before his current appointment. These allegations implicated him in the misappropriation of R100 million from clothing factory workers’ pension funds.
Despite the controversy dating back to that period, no recent developments or conclusive findings have emerged and he was never actively pursued for prosecution by the NPA. At the time, Godongwana resigned amidst public outrage and ongoing legal inquiries, affecting his credibility and prompting speculation about his future in government. However, he ultimately continued his political career and now holds the position of Minister of Finance.
8. Bernice Swarts: Deputy Minister of Forestry, Fisheries and the Environment
Bernice Swarts, formerly Deputy Minister of Public Works and Infrastructure, faced allegations in 2019 involving businessman Leonard Machanzi, who sought to sequester her over an unresolved R10 million debt. Swarts acknowledged receiving funds from Machanzi, purportedly for ANC activities, but deposited them into her personal account instead. She contested the sequestration, citing duress in signing the acknowledgment of debt. Additionally, businessman Tuwani Mulaudzi claimed Swarts misappropriated R500 000,00 meant for ANC campaign donations in 2014.
These allegations have raised ethical concerns about Swarts’ financial dealings and transparency, particularly as she assumes office as Deputy Minister of Forestry, Fisheries and Environmental Affairs in July 2024.
9. Aaron Motsoaledi: Minister of Health
Aaron Motsoaledi, the new Minister of Health, faced serious allegations during his tenure as Minister of Home Affairs. The DA accused him of overseeing a scandal where R450 million was mismanaged in a botched contract to upgrade the Home Affairs National Information System, benefiting politically connected companies, but failing to deliver promised improvements. Additionally, Motsoaledi was implicated in bribery allegations related to the murder of businessman Louis Siemens, where he allegedly received R150 000,00 to expedite a hospital licence approval. Motsoaledi vehemently denied these accusations, stating he had no dealings with the accused parties. The NPA is not actively pursuing a prosecution against Motsoaledi.
10. Joe Phaahla: Deputy Minister of Health
Joe Phaahla, who served as Minister of Health from August 2021 until he was appointed Deputy Minister, faced serious allegations of corruption and mismanagement during his tenure. A notable scandal involved his handling of an R1,2 billion tender fraud in the North West Provincial Department of Health, where contracts for security services were reportedly awarded unlawfully. Despite court orders compelling him to release an investigative report on the matter, Phaahla was accused of delaying action, leading to further legal challenges and allegations of a cover-up. Additionally, under his watch, various provincial health departments reported a total of 47 corruption cases, underscoring systemic governance failures and financial mismanagement within the healthcare system. These incidents have raised significant concerns about Phaahla’s leadership and ability to effectively combat corruption while overseeing critical public health services in South Africa.
11. Njabulo Nzuza: Deputy Minister of Home Affairs
Deputy Minister of Home Affairs Njabulo Nzuza faced egregious allegations stemming from an incident in December 2022 at a state house in Kenilworth, Cape Town. It is alleged that Nzuza kidnapped and raped a woman, who subsequently went missing. Police responded to the incident, after being contacted by the alleged victim, but encountered resistance from Nzuza’s bodyguards who initially refused them entry. It is further alleged that Nzuza paid R150 000,00 to two of the alleged victim’s friends to ensure their silence about the incident. Despite these allegations, there is no prosecution by the NPA against Nzuza.
12. Tandi Moraka: Deputy Minister of International Relations and Cooperation
Thandi Moraka, currently serving as Deputy Minister of International Relations and Cooperation, faced allegations from the Eskom Files scandal in 2016 and 2017. It was alleged that Moraka received at least R170,000 from Babinatlou Business Services, implicated as an Eskom slush fund and money laundering entity. The funds were purportedly transferred into her business account for “stakeholder management” services, orchestrated by corruption-accused former Eskom official France Hlakudi. Despite claiming these were personal loans from businessman Hudson Kgomoeswana, Moraka’s actions prompted a defamation lawsuit against News24 which reported the matter, seeking an apology and retraction. No further legal action has since been levelled against Moraka.
13. Gwede Mantashe: Minister of Mineral and Petroleum Resources
Gwede Mantashe, currently serving as Minister of Mineral Resources and Energy and National Chairperson of the ANC, also faces dire allegations of corruption. Recently sworn in as an MP and ranked third on the ANC parliamentary list, Mantashe’s political influence remains significant despite controversies. He is implicated in a scandal involving the alleged rigging of a multibillion-rand emergency power supply tender to benefit Karpowership SA. Additionally, Mantashe is linked to the Bosasa scandal, where he allegedly received security upgrades from the controversial company. These allegations prompted the State Capture Commission to recommend further investigation, although Mantashe disputes any wrongdoing and has challenged the findings in court.
Speculation about Mantashe’s potential arrest due to these allegations was refuted by the NPA, clarifying that investigations are ongoing and independent of external speculation. Mantashe’s tenure as a Cabinet Minister raises concerns about governance and transparency, given the unresolved allegations against him. His continued presence in high-ranking political positions underscores ongoing debates about accountability and ethics within the ANC leadership.
14. Senzo Mchunu: Minister of Police
As Minister of Public Service and Administration, Senzo Mchunu faced scrutiny over the alleged fraudulent appointment of the head of North West’s social development department. The Special Investigative Unit (“SIU”) launched an investigation into the appointment of a subordinate who reportedly lacked the required qualifications initially stated for the position. Despite assertions from Mchunu’s office that this subordinate met the job requirements, the North West legislature’s Portfolio Committee and other stakeholders raised concerns about procedural irregularities and potential maladministration. Having also served as the Minister of Water and Sanitation during the 6th administration, Mchunu’s recent appointment as Minister of Police raises questions about governance and ethical standards. The SIU Investigation has not resulted in a prosecution as of 2024.
15. Cassel Mathale: Deputy Minister of Police
As Premier of Limpopo in 2013, Cassel Mathale faced accusations of obstructing corruption investigations into senior civil servants. Mathale allegedly stalled disciplinary actions against heads of departments implicated in corruption scandals, demanding additional forensic reports which delayed crucial interventions. Despite national directives and the involvement of the SIU, Mathale’s administration was criticised for hindering accountability and transparency in governance. His tenure was marked by allegations of mismanagement and failure to cooperate with national oversight, reflecting significant governance challenges within Limpopo’s provincial administration.
Not currently under prosecution, his current role as Deputy Minister of Police in 2024 invites scrutiny regarding his past conduct and ability to uphold integrity and law enforcement standards at a national level.
16. Khumbudzo Ntshavheni: Minister in the Presidency
Khumbudzo Ntshavheni, currently Minister in the Presidency, faced allegations from the Zondo Commission regarding her tenure on the Denel board, suggesting she was “probably culpable” in facilitating Gupta-linked corruption at the state-owned arms manufacturer. The Commission’s Report criticised her involvement in the suspension of three executives without due process, which allegedly served corrupt ends. Ntshavheni defended her actions, asserting she operated within legal frameworks and upheld Denel’s best interests. Despite this, the Commission’s findings cast a shadow on her governance record, implying a failure to prevent malfeasance during her board tenure. Her subsequent appointment as a minister raises questions about her accountability and suitability for high office, given the serious nature of the allegations levelled against her in connection with state capture. The Commission recommended an investigation by law enforcement agencies, which is yet to occur.
17. Pinky Kekana: Deputy Minister of Public Service and Administration
Pinky Kekana, currently Deputy Minister of Public Service and Administration, faced scrutiny during her tenure as Deputy Minister in the Presidency for failing to declare R170 000,00 received from corruption-accused Edwin Sodi, linked to the “asbestos scam” investigated by the Zondo Commission. Kekana acknowledged receiving the funds, but denied any wrongdoing, attributing it to her friendship with Sodi’s wife and asserting it was not intended as a bribe or kickback. The Joint Committee on Ethics and Members’ Interests recommended a reprimand in the National Assembly, though Kekana’s explanation for not disclosing the money remains confidential.
18. Stella Ndabeni-Abrahams: Minister of Small Business Development
Stella Ndabeni-Abrahams, currently Minister of Small Business Development, faced serious allegations during her tenure as Minister of Communications from 2019 to 2021. Accusations include flouting procurement processes to benefit her husband, facilitating meetings to influence tender awards and pressuring institutions like the South African Post Office (“SAPO”) and Postbank for personal gain, particularly in regards to COVID-19 relief tenders. These actions were seen as improper influence and abuse of power. Allegations also extend to her husband’s involvement in securing IT-related government contracts through entities reporting to her. Despite making herself available to the ANC’s Integrity Commission, calls for her to step aside pending investigations persisted, however no prosecution is currently underway.
19. Gayton McKenzie: Minister of Sport, Arts and Culture
Gayton McKenzie, leader of the Patriotic Alliance (“PA”) and newly appointed Minister of Sports, Arts and Culture, faces numerous controversies. The Western Cape High Court ordered McKenzie and a law firm linked to the PA to submit documents for an investigation into his tenure as Central Karoo Municipality mayor. Allegations include the misuse of R3 million raised at a gala fundraiser for service delivery projects, with funds allegedly bypassing municipal accounts and entering a private law firm’s trust.
McKenzie is also facing a criminal complaint for hate speech and incitement of xenophobic violence. This is not McKenzie’s first brush with controversy: He has previously made inflammatory remarks against immigrants, attracting legal action from human rights groups. Despite his claims of transparency and cooperation, ongoing legal scrutiny raises serious concerns about his ethical suitability for office.
As a first-time MP and Cabinet Minister, these allegations undermine his credibility and pose significant challenges to his leadership in the Ministry of Sports, Arts and Culture. The NPA is, however, not actively pursuing a prosecution against McKenzie and it is left to be seen what the outcome of the criminal complaint against him will be.
20. Pemmy Majodina: Minister of Water and Sanitation
Pemmy Majodina, former ANC Chief Whip and newly appointed Minister of Water and Sanitation, has faced significant controversy. An investigation by the Institute for Democracy and Transformation revealed that Majodina’s son, Mkhonto Wesizwe Majodina, received a PPE tender and a graphics design deal with Parliament. This investigation, prompted by complaints to Public Protector Busisiwe Mkhwebane, accused Majodina of nepotism and abuse of office. ANC MP Lawrence McDonald also filed a criminal complaint of fraud and corruption against her.
Internally, the ANC is addressing claims from former National Assembly Speaker Nosiviwe Mapisa-Nqakula, who alleged that Majodina was instrumental in her political downfall and arrest for bribery allegations during her tenure as Defence Minister. ANC National Executive Committee (“NEC”) member Obed Bapela confirmed that the party is handling these claims, but has not yet taken action against Majodina.
Despite these serious allegations, Majodina is not currently under prosecution by the NPA. Questions about her integrity persist, particularly regarding her alleged suspension of ANC MP Mervin Dirks as retaliation for his whistleblowing on her son’s tender. Majodina’s leadership is now under intense scrutiny, raising doubts about her ethical suitability for her ministerial role.
21. Parks Tau: Minister of Trade, Industry and Competition
Parks Tau, the newly appointed Minister of Trade, Industry and Competition, has a tainted past. As the former Deputy Minister of Cooperative Governance and Traditional Affairs and ex-mayor of Johannesburg, Tau faced serious charges of fraud, corruption, money laundering and racketeering. Herman Mashaba, then Mayor of Johannesburg, brought these charges against Tau and Geoff Makhubo, alleging they orchestrated an R30 million windfall for Makhubo through Regiments Fund Managers. This scheme allowed Regiments to secure lucrative city contracts and facilitate an R290 million loan to Denel, with significant kickbacks.
An amaBhungane investigation revealed Tau’s involvement in allowing Makhubo to unduly act as a broker for Regiments, leading to significant financial benefits for Makhubo’s company, Molelwane Consulting. Tau admitted knowing about the relationship between Makhubo and Regiments, raising serious questions about his integrity and ethical conduct. Despite these allegations, Tau has not faced prosecution by the NPA.
The DA referred this matter to the Zondo Commission, highlighting it as part of the broader State Capture Inquiry. While Tau’s current ministerial role suggests political rehabilitation, his past actions and the unresolved allegations continue to cast a shadow over his leadership and integrity.
Conclusion:
It is submitted that the presence of Ministers facing corruption allegations in Cabinet critically undermines the GNU’s commitment to integrity, good governance and accountable leadership. Additionally, should these allegations lead to successful prosecution and result in sentences of more than twelve months’ imprisonment without the option of a fine, the implicated ministers would be disqualified, as per section 47(1)(e) of the Constitution. Such a disqualification would only serve to further cast a shadow over the administration’s credibility and effectiveness.
Such ethical lapses directly oppose the principles of integrity and accountability required by their positions. Upholding their roles amidst these allegations would signify a betrayal of their oath and the public trust. Ensuring accountability and adherence to constitutional standards remains crucial for restoring public confidence in the administration.
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