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Former Managing Director of Group Legal Services at Transnet Siyabulela Mapoma testifies before the Zondo Commission on October 14, 2020 in Johannesburg. (Photo by Gallo Images / Luba Lesolle)
Another day of evidence, another conviction against Jacob Zuma. The former president is accused of ordering the return of Siyabonga Gama to Transnet, which was achieved at gross expense. Zuma is required to testify at the State Capture Investigation within a month.
Once again, former President Jacob Zuma has been implicated in testimony in the State’s Capture Investigation. The latest accusation relates to events on Transnet that began more than a decade ago.
The testimony reflects a family pattern. Several witnesses have claimed that Zuma illegally controlled the affairs of key government institutions, including the National Tax Authority (NPA) and parastatals Eskom, Transnet and SAA.
Former Transnet group legal services manager, advocate Siyabulela Mapoma, said the order for the disgraced CEO Siyabonga Gama to be reinstated in the state entity (SOE) came from the top.
“Higher up, of course, was the Presidency,” he said.
Mapoma testified in the investigation on Wednesday, October 14. His mention of Zuma comes a month before the former president is required to testify a second time.
Come back boy
Mapoma’s testimony focused on the curious story of Gama’s suspension, firing and reinstatement.
Gama was Transnet’s last child: He was suspended for gross misconduct in 2009, found guilty in a disciplinary hearing, and fired in 2010, and returned in 2011 with a host of benefits, including full back pay.
Transnet confirmed Gama’s suspension on Wednesday, September 2, 2009. A statement issued that day reported that Gama had faced an investigation for alleged misconduct in relation to two contracts, one for locomotive overhaul and the other for locomotive services. security.
Gama approved a 19 million rand contract for security services when he only had the authority to sign contracts of up to 10 million rand. The contract was awarded to General Nyanda Security Advisory Services (GNS) in which then-Communications Minister Siphiwe Nyanda had a 50% stake.
Transnet found Gama guilty of every charge against him in the disciplinary process. The finding against him was reported to be 200 pages long. He was fired in June 2010, but the senior citizens of the parastatal soon busied themselves with clearing a path for his return.
Whatever the cost
Mapoma said it “assumed” that Zuma drove Gama’s return, which was a big expense for Transnet. On Thursday September 15, 2011, the then Minister of Public Companies, Malusi Gigaba, defended Transnet’s multimillion-dollar payment to Gaba.
“The rand 10 million payout, as reflected in the annual financial statements, consists of his guaranteed annual salary, short- and long-term incentive awards, and collection of leave days,” wrote Gigaba.
Mapoma testified that he received repeated calls from Gigaba’s special adviser, Siyabonga Mahlangu, asking about delays in the process and urging Mapoma to speed up Gama’s reinstatement.
Mapoma said that Mafika Mkwanazi, then chairman of the Transnet board, tasked him with ensuring Gama’s return.
“From the beginning of my interactions with Mr. Mkwanazi [he] He made it clear to me that Mr. Gama had been ordered to reinstate him and that he wanted to find a way to do it cleanly, ”Mapoma said.
Advocate for evidence leader Anton Myburgh SC asked Mapoma what he thought Mkwanazi meant by “cleanly” to which the witness replied that Mkwanazi needed the approval of the board.
“Although I did not consider it my place to ask who had instructed him, I assumed it must be former President Zuma,” Mapoma continued.
Mapoma explained his guess, referring to his conversations with Mkwanazi: “Initially he indicated that this was coming from the ministry and then he indicated that this was coming from higher up and this is the word he used: ‘higher.’ But the president was not mentioned. ”
More than capitulation
“Why did Mr. Mkwanazi capitulate during the deal negotiations?” Myburgh asked.
Zondo chimed in: “I don’t think it is accurate to say that Transnet completely capitulated because it would have been a complete capitulation if they reinstated Mr. Gama, returned his full back pay and all benefits.
But they went further than that. So, I don’t know what you call it. They paid their 75% contribution on their legal costs and all that. So, it seems to me that it is something much more than a capitulation ”.
“Maybe resetting on steroids,” Myburgh joked.
Higher orders
Mapoma’s testimony echoed previous evidence regarding exorbitant costs incurred by government entities while allegedly complying with Zuma’s orders. The recent evidence concerned the hasty suspension of four Eskom executives pending an investigation into the problems at the state-owned company.
Consultant Nick Linnell has testified that Zuma wanted an investigation into the Eskom affairs. Two witnesses detailed a meeting at the presidential residence on Sunday, March 8, 2015. They claim that then-SAA president Dudu Myeni opened the discussion, which was attended by Zuma and others.
Former Eskom Board Chairman Dr. Ben Ngubane has cited the evidence of its predecessor what trace the false query which served as the basis for suspending the executives, Zuma.
“[The then Eskom chair,] Sir [Zola] Tsotsi told us that there was a large and thick document in the Presidency on how this investigation should be carried out ”. contemp Ngubane.
According to former board member Venete Klein, Eskom paid settlements to three of the four executives for a total of R18.2 million. Klein suggested that the figure was peanut compared to Eskom’s then-daily operating cost of R30 million and annual turnover of R375 million.
In August 2019, former National Director of Public Prosecutions (NDPP) Mxolisi Nxasana testified that Zuma wanted him out of the NPA’s top position. Nxasana claimed that Zuma scoffed at the proper process to achieve that end.
He testified that Zuma said, “We have to figure this out, you have to go and you have to resolve your issues with my legal team about leaving the office.”
Nxasana testified about her 17 million rand irregular sweetener and claimed Zuma’s attorney, Michael Hulley, asked him to lie in court and say he wanted to leave the NPA. Nxasana maintained that he was fit and suitable for the role, while Zuma wanted him out.
Zuma’s pile of problems
Mapoma’s testimony about Zuma’s supposed role in Gama’s return to Transnet adds to the pile of questions that Zuma must answer. You are required to appear on the commission within a month.
In early October, Zondo gave the green light for a summons forcing Zuma to testify for five days beginning Monday, November 16.
Zuma’s attorney, Eric Mabuza, repeatedly responded that Zuma’s legal team would persist in an attempt to have Zondo recused.
Previously, The Zuma Foundation issued a curt statement accusing Zondo of harboring an “obsession” with Zuma.
To be continue
More evidence is expected on Transnet on Thursday, October 15, with Christopher Todd, principal of Bowman Gilfillan Attorneys, set to testify. DM
