As we noted earlier this week the row over British members of parliament claiming expenses on their second homes does not revolve around the issue of whether they were legal or not but rather the question of their moral defensibility. Indeed in the overwhelming majority of cases the items concerned were totally legitimate in accordance with British law; the problems arose when members tried to justify the necessity of draining moats and cleaning chandeliers to the hard-pressed taxpayers of that country.
The same — I dare say — must apply to the issue of S’bu Ndebele’s Mercedes.
The transport minister has been given an S500 Mercedes-Benz and two head of cattle by a grateful group of contractors. At this point in time I have no reason to doubt that the gifts were an act of kindness and gratitude for above-board assistance given by Ndebele to Vukuzakhe and the rest of the parties who gave the gifts.
The minister thereupon approached President Jacob Zuma and enquired as to whether it would be proper for him to retain these items considering their value and the basis upon which they were given. The president, correctly in my humble opinion, confirmed that as long as the minister complied with the ethical requirements he was free to make an election as to whether he wanted to keep it or not. It is not illegal for ministers to keep gifts provided that they are given in accordance with the proper procedures and arising from a legal basis.
In Britain, for example, two Lords have been suspended following a potential bribery scandal:
“In the Lords, two Labour peers were recommended for suspension after a report on the ‘cash for amendments’ scandal. The Lords Privileges Committee found that Lord Truscott and Lord Taylor of Blackburn ‘failed to act on their personal honour’ by offering to help undercover reporters posing as lobbyists to seek amendments to government legislation in return for cash.”
Accordingly not only the procedure but the basis for the giving of the gift is in question where a minister or member of parliament is involved. They are after all representing the people of the country and must be seen to be people of integrity.
Yet even if all of that is in order, we must ask whether it is morally defensible for our transport minister to be accepting lavish gifts of that kind at this point in time?
The Democratic Alliance believe that the decision of whether to keep the gifts or not should not have been left to the minister. I disagree on the basis that where we have established ethical guidelines and laws governing an issue it should never be subject to outside interference other than by courts of law or bodies specifically created to hear complaints regarding that issue. Subject to what is set out above, it must be left to the party concerned to make the call.
“However, the Congress of South African Trade Union’s Patrick Craven argued that the president was merely following the law. ‘The legal position, I’m sure, is that he was entitled to accept it but I don’t think that in anyway alters the fact that the moral position was to return the gifts,’ Craven remarked.” (iafrica)
South Africa is currently embarking on a war against poverty because millions of our people live in appalling conditions and fight starvation almost every day of their lives. How would it look to them if the minister was to accept these gifts so soon after his appointment, or at all?
I believe that Craven’s summation is the correct answer.
My heart does go out to the minister because nobody in their right mind would want to give up that Merc.
Unfortunately in his position it was the right thing to do.
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43 Responses to “Cosatu called it right on S’bu Ndebele’s Merc”
The right thing to have done is for the minister to have acknowledged the gift graciously but refuse to accept a gift on such a lavish scale. It is over the top in all reasonable minds.
Why bother to declare gifts if you have the right to decide for yourself if you can keep them? JZ should have taken a much harder line to improve the perception of moral standards in this type of matter.
it’s so un-african to throw the present back at people’s face…i wish he could have kept it (just) for the spirit of africanness; tomorrow there wont be a parliament to look after him, and those people whom he got the gift from won’t even dare to (brotherly) look after him.
if he complied with pfma act (or any of sa laws), i didn’t see any problem with it. in fact, somebody (whom we all know) received a gift of “size 7″ small shoes.
The DA just want to keep the hypocritical moral high ground! When the ANC mooted the idea of declaring donations to Political parties, the DA was the only party that objected on the asumption that donors do not want to have their names associated with political parties. Ndebele was under no obligation to return any of those gifts, but we nevertheless salute the honourable minister for this painfull decision.
Quite frankly, I wonder how many of us all would have taken this decision?
I don’t think anyone in power should receive gifts. It is too open to abuse - particularly, it is too easy to confuse a gift with a bribe or for it to be used as coercion.
I can see a situation where a gift given at the present time may make the minister feel obliged (or even tempted) to make decisions in favour of the gift giver at a future date. To me, that’s coercion.
While it’s vital that we develop a culture of thanking people, I don’t see the need for that thanks to amount to over R1 million, or even over R1000, to be honest. That’s not what thanking someone is about.
You’re confusing me, as they are all saying the same, at least as set out by you.
But since you’re siding with Zuma & Cosatu, I’ll side with the DA.
I notice that the honeymoon on the new regime has now been extended graft and corruption as well, because that is at the bottom of all this. There are no shining lights in this particular episode; it’s almost like the guy who beats up his wife once every week but decides to suspend his actions for a couple of weeks
I think that people should not insult their leaders by giving lavish gifts when they know that it is improper to do so. One should never embarass one’s choosen leaders.
Nobody gives a R1 million plus ‘gift’ just because they are feeling warm and fuzzy (what did they do, pass round a hat??) - it is obvious they were trying to nurture a symbiotic relationship with a government minister.
The fact he had to go ask ZJ whether he should keep it or not is ridiculous - it should have been obvious the answer was no.
Dear Siphiwo
Is it really “un African”‘ to refuse a bribe? What can possibly be in “the spirit of africanness” to accept a grossly expensive car (designed, built and 100% a product of Europe, the much-despised former colonisers) as a bribe, when millions live in poverty? Surely the African spirit of ubuntu would have said - forget it, rather split 1m equally among all my poor brothers and sisters. However, you provide a very interesting insight in “tomorrow there won’t be a parliament to look after him, and those people whom he got the gift from won’t even dare to (brotherly) look after him.” Perhaps the fear of ‘things falling apart’ in the words of Chinua Achebe has made we Africans - all of us - live for today and remain shackled and impoverished (even the SA citizens from European origin are far poorer than their distant relatives who remained behind) rather than investing, building and deferring current gratification for future returns. Your observation that fear that ‘tomorrow there won’t be a pariament’ drives us.. who knows, there may not even be a country (look at Zim) is very interesting, and insightful.
Minister Ndebele’s mistake was his impatience.He just couldnt wait for the impending stampede to the trough,he took the adage “the earliest bird catch the fattest worm” too serious by making the first dash while others were still stretching and warming up.Patience Comrade,patience.
All democratic countries have struggled with this issue about gifts to political reps. Perhaps, since India has just held a successful election we can draw on their culture’s wisdom.
I appaude the minister for his decision to hand back the gift. It bodes well for the country under the new president that, so soon in his tenure, we have a new and refreshing breeze of ethics and morality as oposed to the previous “what’s in it for me?” attitude that prevaled under the former presidency. And Siphiwo is reading it from the wrong angle. It is not a question of “throwing the gift back”. I see it as a deep and heartfelt moral choice. I am ashamed to say that I would probably have kept the Merc.
I pray that you Siphiwo are never promoted to any position of power as you will surely abuse it and take what you can under the banner of africanness..being african doesnt exscuse you from moral obligations. I too praise the minister for returning the merc, its a great sentiment in a country that needs more like it, not less. Get with the programme siphiwo..
One of the Section 9 companies took the issue of disclosure of party funding to the Constitutional court - it was opposed by the ANC (NOT the DA) on the basis that they were going to pass a law about it, so the court did not make a ruling. The ANC LIED- the law was never passed.
Siphiwo, in a Stokvel, is the person who keeps the money, allowed to dip into it and spend it as they please? Well in a democracy the government is like a gigantic stokvel. The government are not our rulers - they are the keepers of the common money, and they are entrusted to spend it wisely, and to look after it in an ethical manner.
If someone in power receives a very expensive gift like the Merc in question, there is a very high risk that favors will be granted to the gift giver instead of evaluating tenders in such a way that they will be in the best interests of the nation.
So while it may be legal to receive a gift like this, and mr Ndebele may be an ethical man, the next time a tender is granted in favor of the gift giver, his judgment will be called into question, and divisions will be caused because of this. For the sake of national harmony, it is not wise for politicians to receive gifts.
i just dont understand why you should pray to the Almighty that i shouldnt get any position of power…give us one reason, why should God bless you to be evil?
that was my opinion, i doubt very much that it warranted an evil vitriol.
Sbu ndebele didn’t ask or beg kzn people for that car; its kzn contractors themselves, from the bottom of their hearts, and for the spirit of africanness, who saw it fit that they should do something for the person who has made the environment condusive for their businesses to prosper, as compared to the bare-footed ex-premier of eastern cape who presided over a failing province. in fact, ec contractors were saying goood riddance when she was recalled. remember these were the same africans of same colour, some saying ‘thank you’, while others were saying voetsek. that’s democracy.
i still say, sbu should have kept the vehicle because, now, it looks like those honest & hardworking small contractors were bribing him. I feel pity for poor lads.
We all know IDASA was the section 9 company that took up this issue! The overrated political analyst and DA supporter Judith February played an important role in that issue! To accuse the ANC of lying is disgracefull and mischievous. The ANC was ready to introduced legislation to that effect and the DA was fearfull of the names of their donors in SA’s corporate sector. Indeed many of these donors got massive govt. contracts and of course and only a fool would want his company’s name being associated with the opposition!
A woman caller to a talk-in programme said the minister should have refused the car and instead asked for a contribution of the same size to be made towards a local school bus.
This first class proposal puts all parties to this another suspect affair on the spot and exposes real intentions.
The point about it being ‘un-African’ to refuse is understandable. But why did the minister himself not suggest this in a poor country? What is right and wrong about any ‘culture’, if the idea did not even occur to him?
Ha! The ANC would never ever open up their donor books lest it become clear the only reason they can pay Luthuli House salaries and mount election campaigns is because China is bankrolling them.
Meanwhile all the bluster the ANC and COSATU made a few years ago over cheap Chinese imports decimating the SA textile industry are long forgotten as they suck off the Beijing teat.
When it comes to gifts and handouts, it is not whether Cosatu or any other ‘party’ called it right; it is sad that it came up for debate in the first place. If a leader does not know if there is a potential conflict of interest or that if the gift is of such a nature that it can be construed as a bribe - leading to corruption, then it is an inditement on all that need to ask the questuion in the first place.
Sbu shouldn’t have considered the gift in the first place, and for him to ask Zuma’s opinion about such a ridiculous gift was just to attract the attention of the media and South Africans. And that he had the audacity to remind the poor masses of South Africa that he could afford to purchase such an expensive car from his government car allowance was just pathetic to say the least. More than anything it seems like he is an angry man for having to return the car. The authentic thing to do under such a situation could have been to tell the now infamous contractors that he couldn’t accept such a car. Does he really need it? All the elite public servants should not accept such gifts for their personal gain. If you are offered a gift by a private company I would think the best thing to do would be to just donate it to the charities around you. I certainly do not think what Sbu did is any heroic because the media shouldn’t have been involved in the first place. My problem with it is why go public, what for? The people of South Africa deserve better than they are getting really. Did Sbu consult Zuma just so he is seen as a man honour or was it a PR exercise by the Zuma presidency? I wonder if this who brouhaha is as ‘innocent’ as they want us to see it. Stop buying our acceptance.
Siphiwo my brother, it was not an evil vitriol, it was the truth and I think deep down you know it in your heart. No politition should ever be recieving gifts from any company, regardless of the explanation. Africaness..whatever Bra..A one million rand car…come on, when there are millions of hungry people in our country. You and I are fortunate…dont forget were you came from.. Accepting that car and the gifts was disgusting…and I am afraid if you see it any other way I would never want you in any position of power…simple as that!
Mike the only mistake was the omission of a few voluntary resignations in shame and the enforced payback as instructed by the various party heads. Unlike our upstanding citizens, few have refused to comply with the request.
The common thread from one section herein is much like the wreckers of old where salvers were under no legal obligation to save the shipwrecked sailor and passengers. Morality counts for nothing.
I want these to recall their words when they need help and I go past without extending my hand as I am under no legal obilagtion to help those in distress.
I will bet a pound to a pinch of salt that those who cannot see the wrong in the “gift” are receivers of such favour.
Digging a bit deeper I have discovered an irony. Those in the UK who have been morally short raise loud voices in protest because of the inequality of the black minority. As we have discovered the likes of Brett Kebble, Agliotti and many other supporters of the Black cause moral lack ethics.
by the way, what if i’m already occupying that position of power? are you gonna pray, in hope that my superiors could (in an evil way) sack me because i’ve dared to support kzn contractors or i’ve wished that sbu could have kept the vehicle? ngenzeni kanti?
by the way, i just dont understand why you’ve brought the issue of million hungry south africans in this top? pardon me i think you’re about to swim away from the boat; surely that vehicle had nothing to do with who’s hungry or who’s rich? it was a ‘gift’ from “emerging contractors”..emphasis on ‘emerging’.
“The government are not our rulers - they are the keepers of the common money, and they are entrusted to spend it wisely, and to look after it in an ethical manner.”
i think you’re also missing the point here; perhaps i should paraphrase this point once more: emerging kzn contractors (i.e joe, john, sipho the citizens) have decided (on their own, delightedly) that they should thank their former premier (for creating a business conducive environment) by buying or offering him something that represent their deep appreciation and an object which they also think it befits the person of sbu’s candidature thus they bought him a vehicle…
now i dont understand why then would you talk about public money, common money or ethics when the matter had nothing to do with sbu’s ill-behaviour during his days when he was a premier.
it should be noted that sbu’s former position or his sick-behaviour or conduct has absolutely nothing to do with this–this is not a bribe. it’s a ‘gift’, just take away the math out of it because i believe it’s the one that drives people like you bananas.
“But why did the minister himself not suggest this in a poor country? ”
did they tell you that the people who bought that vehicle aren’t far from being poor themselves? i dont know whether you’ve been reading the same article as everybody else, because as far as i’ve read & understood, the vehicle was bought by “emerging contractors” under vikuzakhe programme.
according to dept of kzn transport, Vukuzakhe is described as “an emerging contractor development programme which focuses on wealth and job creation in communities that have been most disadvantaged historically”…
read the last two words…now talk about poor again.
“it’s so un-african to throw the present back at people’s face”
- Siphiwo - you clearly do not understand what the problem is with corruption. Your comment is quite amazing, actually. We’re not talking about a birthday present among buddies here. Yes, it’s rude in most cultures to “throw the present back at people’s face.”: Un-African, Un-Asian, Un-Italian, whatever.
The point is that this 1 million rand car was not given to an old friend, but rather a Government rep who is sometimes in charge of overseeing the distribution of the taxes that we pay. At the end of the day, the minister could be encouraged to bend the rules in a certain direction.
Why is this a problem? Well, it subverts democracy and opens up the possibility of the abuse of public funds. And if we abuse public funds, what happens? Well; books don’t get to schools, hospitals become understaffed, bridges don’t get built, crime rises and poverty grows… and a small selection of guys end up driving around in 1 million rand cars. Like, for example, Julius Malema in his Aston Martin. I’m sure Marx is turning fitfully in his grave.
Corruption, to demonstrate further, results in children being sold through borders; our fish vanishing from the seas; badly built houses that collapse; low standards and inept operations, amongst many other things.
It was Judith February being interviewed recently on the radio who told all the facts i.e. that the ANC promised to pass a law to stop the Constitutional Court action, and then never did so.
Don’t be dumb - the ANC can disban the Scorpions, despite massive objection from ALL the opposition parties AND civil society, but not pass a law about disclosure of funding? They are the ruling party and can pass any law they like. The DA will not disclose till the ANC does, and the ANC will NEVER pass that law! The DA does not need Cosatu calling for boycotts of their donors and MK marching against them.They have said they WANT the law of disclosure.
The ANC would have to disclose how much it got from China, Libya, Angola,Saudi Arabia - and will NEVER do it! In western democracies donations from other governments are illegal - and should be here!
Yes. The proper point is that it should not have come up for debate in the first place.
Remember, the Ministry of Transport is traditionally a very corrupt place. Mac Maharaj was rumoured to have facilitated Schabir Shaik’s acquisition of the credit-card license tender. Ndebele’s bus-privatization is rumoured to have been deeply corrupt. We all know what the taxi industry is like. (One taxi industry spokesperson on the radio was so effusive about Ndebele that after he was off the line, the commentator remarked that he wasn’t sure if that was a taxi industry spokesperson or Ndebele’s praise-singer.)
It’s a rotten sign for the future that this sort of thing happens. What’s more, doesn’t this suggest that the bottom line is going to be “be more discreet with your bribery, boys”?
And to whom? - to uneducated voters who believe the ANC liberated them (which is another LIE).
A similar LIE is that floorcrossing was an opposition idea. Like most of their lies - a half truth (which the spiritual leader, psychiatrist and author Scott M Peck says is EVIL and worse than an outright lie).
Floorcrossing (to allow exercise of conscience) was a DP idea - but the ANC slipped in the 10% rule which meant that ONLY the ANC could ever benefit. They stalled and stalled and stalled on changing it ( like they have on disclosure of funding ) until, for the first time, after Polokwane, they faced a split of 10% from their OWN party ( the Mbeki supporters ).
Then with great moral rectitude they passed a law to change floorcrossing!
Siphiwo…you keep saying the same thing over and over again..we know what your point is but your logic is flawed I am afraid….whether the businessmen in question were well established or emerging is neither here nor there. The guy works for the government, the govt that takes a significant portion from this emerging playas salary each month and as Jed above states it smacks of corruption whether its legal or not. It sets a precedence and sends a bad signal, this is the sort of nonsense that needs to be stopped. I voted for the same government as you but for every smart thing they do they do 3 things that are so incredibly stupid that sometimes it defies belief (musc like your continued stance on this topic. I have given them the benefit of the doubt but already it looks like my vote was wasted.
And another ANC LIE was “we have never changed the constitution” - with Constitutional Amendment NUMBER 17 in the wings to take away control of local and regional government if they got their 2/3 majority!
Your ‘delighted’ contractors should be deeply ashamed of themselves, if they have any self-respect, for forcing an offical to make a choice between self-enrichment and doing the right thing. Trying to portray them as innocent is rather amusing, and their ‘gift’ is probably the oldest and hoariest cliche of bribery in the history of Africa since the 1960’s - the good old ‘wabenzi chariot’. Subtle it sure ain’t. How about offering school bursaries for a few thousand underprivileged kinds as a goal to ‘aspire’ to? . All countries in the world deal with corruption, but your enthusiasm and support for corrupt behaviour is a remarkably naive and pathetic (in the true sense of the word, implying a certain innocence and guilelessness) attitude . SA’s people - and especially the poor - deserve far, far better.
I cannot see how anything of this magnitude can be considered a gift.
It is nothing more than a payment to put these contractors names at the top of the list for future contracts.
Anyone who cannot see that needs to visit an optician.
Lyndall
“Never mind his merc - what about his derelict farm, bought with a Land Bank loan, which used to employ 150 people?”
Applying the ANC leaning bloggers argument (I genuinely struggle to follow their logic on many occasions), there is nothing at all wrong with said state of affairs:
* The farm was bought as part of an apparently normal commercial transaction - no law against this.
* A loan was given by the land bank - no law against this, although some lending rules and guidelines are prescribed - I have no idea to what extent they were followed - premumably 100%?
* The former employees have apparently been laid off, with the exception of a handful of subsistence farmers - there are labour laws governing this - prsumably S’bu complied 100% with them.
* The property has been allowed to become derelect - no law against this, although some safety, health and environmental laws may now have been breached.
So, the ANC bloggers should be happy with this transaction.
The Land Bank was following none of the rules - which is why Trevor had to step in. For one thing they are only supposed to finance PRODUCTIVE farms, not golf estates for pals!
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The right thing to have done is for the minister to have acknowledged the gift graciously but refuse to accept a gift on such a lavish scale. It is over the top in all reasonable minds.
Why bother to declare gifts if you have the right to decide for yourself if you can keep them? JZ should have taken a much harder line to improve the perception of moral standards in this type of matter.
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