The Public Protector of South Africa, Busisiwe Mkhwebane, has found President Cyril Ramaphosa,
guilty of “inadvertently misleading” Parliament, and failing to declare a 500,000 rand donation
from Bosasa boss, Gavin Watson, to his ANC presidential campaign in 2017.
In her preliminary report submitted to President Ramaphosa last Thursday 06 June 2019, and
seen by the Sunday Independent media house, courtesy of one of the president’s confidants,
Mkhwebane said the president violated the constitution and the executive code of ethics.
Mkhwebane added, that Ramaphosa may have been involved in money-laundering, since Watson’s
donation had been made through several intermediaries.
The complaint of money laundering, and violation of the ethics code, was lodged by DA leader,
Mmusi Maimane.
The EFF Deputy President, Floyd Shivambu, later filed further complaints.
The findings of the Public Protector indicate, that the donation was transferred from Watson’s
personal account, into the account of Miotto Trading, a company owned by Margaret Longworth.
Margaret Longworth is a sister of Peet Venter, a former auditor of Bosasa.
The donation was then transferred into the CR17 Attorneys Trust Account, managed by Edelsten,
Faber and Grobbler Attorneys.
Mkhwebane says, Ramaphosa may have breached the executive code of ethics, by exposing
himself to any situation, involving the risk of a conflict between his official responsibilities,
and private interests, and that he acted in a way inconsistent with his position.
Mkhwebane’s spokesperson, Oupa Segalwe, said, “We cannot comment on leaked documents,
purported to be the public protector’s report”.
On Saturday 08 June 2019, Ramaphosa’s spokesperson, Khusela Diko, said, “The Presidency respects
the office of the Public Protector, and remains committed to co-operating fully with the investigation.
The Presidency would not wish to comment on any matter, relating to the Public Protector’s
investigation”.
The report comes amid fights in the ANC, over the mandate of the South African Reserve Bank,
as well as news, that the GDP contracted by 3.2% in the first quarter of 2019.
Mkhwebane gives Ramaphosa 10 working days, to comment on the draft report, at a meeting,
held at the President’s official residence, in Pretoria, on Thursday last week.
Sunday Independent understands, that the President responded on Friday 07 June 2019.
Sources said, when Mkhwebane met Ramaphosa, he was flanked by his spokesperson, Khusela
Diko, political advisor, Steyn Speed, his legal advisor, Khanya Jele, and chief of staff,
Roshene Singh.
If Mkhwebane’s preliminary findings are made final, President Ramaphosa would be the
first South African president, found to have lied to Parliament by the public protector.
Ramaphosa’s trouble started, when he responded to DA leader Mmusi Maimane’s parliamentary
question late last year, and said Watson’s 500,000 rand had been paid to his son, Andile
Ramaphosa, for consultancy fees rendered to African Global Operations, formerly known
as Bosasa.
However, 10 days later, Ramaphosa made a U-turn, and said in a letter sent to the then Speaker
of Parliament, Baleka Mbete, that the money had indeed been a donation to his ANC presidential
campaign.
Bosasa was implicated at the State Capture Commission, headed by Justice Raymond Zondo,
for allegedly bribing ANC politicians, and other government officials, in exchange for
billions of rands worth of state contracts.
The Public Protector probed the following complaints from Maimane and Shivambu.
Whether on 06 November 2018, during questions in Parliament, Ramaphosa deliberately misled
the National Assembly, and thereby acted in violation of the Executive Ethics Code, and
Code of Ethical Conduct, and Disclosure of Members’ Interests, for the National Assembly
and Permanent Council Members;
Whether there is an improper relationship between President Ramaphosa and his family
on the one side, and the company African Global Operations on the other side, due to the nature
of the 500,000 rand payment passing through several intermediaries, instead of a straight-forward
donation to the CR17 campaign, and thus raising suspicion of money laundering;
Whether President Ramaphosa improperly, and in violation of the provisions of the Executive
Ethics Code, and Disclosure of Members’ Interests for the National Assembly and Permanent
Council Members, exposed himself to any situation, involving the risk of a conflict between official
duties, and his private interest, or used his position to enrich himself and his son,
through businesses owned by African Global Operations.
On the first count, Mkhwebane found, that although Maimane’s follow-up question did
not meet parliamentary rules, since it was not submitted to the speaker beforehand, Ramaphosa
“inadvertently deliberately misled Parliament, in that he should have allowed himself sufficient
time to research on a well-informed response”.
She said, even though Ramaphosa’s conduct was in good faith, it was “inconsistent
with his office, as a member of cabinet, and in violation of the constitution”.
Ramaphosa had told Mkhwebane, that he had felt the need to respond to what he believed,
was “an attack on his integrity” by Maimane, which appeared “in the heat of the moment”.
Mkhwebane also found, that Ramaphosa, as the Deputy President, was duty-bound, to declare
the financial benefit, that accrued to him during the ANC presidential campaign.
In his submission, Ramaphosa had contended, that there was a distinction between donations
made towards a campaign fund for a political party’s elective conference, and gifts and
benefits received by “members” in their official capacity, or in an attempt to influence
members in the performance of their official duties.
“I submit, that the donation was not in return for any benefit received by myself
in my official capacity, nor was it in order to influence me in the performance of my duties.
Instead the donation was received to support an internal party election,” Ramaphosa told
the public protector.
However, Mkhwebane found, that the campaign pledges were some form of direct financial
sponsorship, and therefore benefits of a material nature.
She claims in her report, that she has evidence which indicates, that some of the 200 million
rand collected for the president’s campaign, was transferred into the Ramaphosa Trust Foundation
bank account.
Please check in the description box below, for the links to the sources of this report.
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