By OBAKENG MAJE
The North West Provincial Legislature (NWPL) said it will share the pending corruption cases with the Non-Profit Organisation (NPO), Brown Mogotsi Foundation. This comes after the organisation wrote a letter to the chairperson of North West Provincial Legislature’s Portfolio Committee on Public Works, Roads and Community Safety, Mmoloki Cwaile requesting a voluntary disclosure of pending cases for possible private prosecution.
In a letter, the Head of Legal, Human Rights and Anti-Corruption at Brown Mogotsi Foundation, Olerato Gaobusi, requested certain records or disclosure of information related to the criminal cases opened by the legislature representatives that are either delayed or not necessarily progressing.
Gaobusi further said, they are concerned that the aspirations of development for the communities are seriously undermined by rampant corruption, procurement irregularity, and failing and collapsing developmental projects.
“We herein make representation in relation with the constitution of the Republic of South Africa, Section 114(2) (a) (b), which provide for the legislature (a) to ensure all provincial executive organs of state in the province to account to the legislature and (b) to maintain oversight and therefore able to identify and exclude elements of probable corruption and or irregularities bordering along lines of corruption in the public establishments.
“We appreciate Cwaile’s articulations and demonstration of genuine concerns on the challenges of failing service delivery and action he is taking as public representative to make redress to the plight of the communities and responsiveness towards reports being submitted to their attention as public representatives,” she said.
According to Gaobusi, they have noted that on many occasions of Cwaile’s work in varying published committees’ meetings, he has expressed concerns and frustrations about either the delayed processing of investigations by the Department of Police Crime Investigations (DPCI) commonly known as the Hawks or delayed decision-making on whether or not to prosecute by the National Prosecuting Authority (NPA).
“In a time in memory, you have spoken about criminal cases you have opened but we have not come to realise how all these cases are completed and resolved and many cases have been opened for a very long time and we see no action. The cases you have also referred to are accumulating rapidly and with no hope in sight and many other cases opened by individual community members and other interested parties have not found expression either through investigations or prosecution.
“If the requested information is available, we will be able to conduct our own investigations, not only of the allegations but the rationale for their delayed processing either at the level of the investigations or prosecutions. We will also be able to engage through different means and methodologies the relevant establishments and or institutions that are meant to have either investigated or decided to prosecute,” she said.
Gaobusi added that, they will be able to seek legal opinion on and or exercise constitutional rights to pursue the matters at the courts as the foundation.
“We will be able to exercise the rights to pursue private prosecution, where it is necessary and or required for the purpose of public interests. We will be able to share, inform and report to the communities and constituencies on whose behalf we are acting and or existing as we have sought also to respond to the plight of those who are and remain at the fringes of the periphery of the mainstream of the economy and social upliftment,” she said.
Meanwhile, Cwaile said: “We have openly and transparently dealt with the allegations of corruption, which overshadow good work being done in the public discourse and greatly affect negatively service delivery and benefit of the communities. Although we trust our law enforcement establishments, they have delayed and prolonged the processing of criminal cases referred to them.
“So, after receipt of a request from Brown Mogotsi Foundation, we have resolved to honour their request and share the information, records, and evidentiary proof about criminal cases registered with the Department of Police Crime Investigations (DPCI) known as the Hawks.”
Cwaile said there is nothing prohibiting nor precluding the sharing of the requested information with the foundation in theory, law, and in practice as long as it is done in good faith and in pursuit of the public interests. He said the request made by the foundation does not contradict nor stand-counter pose to democratic constitutionalism and it is in the best interests of the public.
Cwaile said they should find it easy to work with civil society organisations (CSOs) in pursuit of common interests for the good of the public and service delivery.
The Guardian 