S'bu Ndebele Says Zuma Asked Him To Keep Merc': South Africa's New Era Of Bribe Republic?

20 May 2009

Transport Minister S'bu Ndebele will be returning the luxury S500 Mercedes-Benz given to him by emerging roadworks contractors - because it would cause "less hassles".

This was even though, he said, President Jacob Zuma and the ANC leadership had told him he could keep it, as long as he declared it.

The gift of the German sedan, worth more than R1-million, engulfed Ndebele in a wave of controversy within days of his being sworn into the cabinet, and was seen as the first ethics test of the new Zuma administration.

"I am not compelled to return it. My authority here will be the code of ethics of MPs and members of the cabinet, and what the president and the officer-bearers say, and they say there is nothing wrong with it," he added.

The opposition DA and ANC alliance partner Cosatu, both of which had urged Ndebele to return the gift to avoid a conflict of interest, yesterday welcomed Ndebele's decision.

But the DA expressed disappointment that Zuma had not set the "correct tone" for his new administration by leaving it up to Ndebele to decide whether to keep the gifts.

At a hastily arranged media briefing at Parliament yesterday, Ndebele said his decision was entirely voluntary. He had asked that the car and two head of cattle given to him by taxi operators be sold and the funds used to set up a training programme for emerging contractors.

Ndebele said the petrol vouchers he was given would go back with the car. He would, however, keep the plasma TV, but declare it, along with other gifts, including glassware and cutlery.

Ndebele earlier this week approached Zuma for advice on what to do after his gift made headlines and raised questions about a possible conflict of interest. The former KwaZulu-Natal premier served as that province's transport MEC for 10 years from 1994, during which time he set up Vukuzakhe, an emerging contractors' programme for road construction.

Its members now number just under 30 000 and have received government contracts worth R10-billion over the past 10 years.

But yesterday Ndebele insisted there would have been no conflict of interest if he had kept the vehicle. He said Zuma and ANC secretary-general Gwede Mantashe had advised him that he could keep it if he followed the law and declared it in the register of members' assets at Parliament.

The Executive Code of Ethics requires that when a minister or deputy minister receives a gift valued at more than R1 000, presidential permission must be sought if they want to keep it.

Ndebele did not seek the president's permission to keep the car, instead informing him of his decision to give it back during a meeting yesterday morning, Presidency spokesperson Thabo Masebe confirmed.

"There definitely will not be a conflict of interest because there is no way that, as national minister or even provincial premier, I will be granting any contracts to contractors in KwaZulu-Natal," Ndebele said.

However, the issue had "created an unwelcome interruption and derailment of my programme as newly appointed minister of transport, as I have urgent matters in my portfolio to deal with".

Ndebele said the code of ethics gave him 60 days to disclose, yet "since the gift was revealed to me, (I) have taken about 72 hours to bring the matter to an end".

Asked why he had not immediately rejected the gift on the grounds of its being wholly inappropriate, Ndebele said: "If you look at the culture of the majority of the people in South Africa, you don't do that … Picture a marquee, with 5 000 emerging contractors and you then stand up and say 'Take this thing away' - it would be insulting to them."

Ndebele said he was shocked when he was given the car, the cattle, the TV, the petrol vouchers and other gifts at the ceremony in Woodburn Stadium, Pietermaritzburg, at the weekend.

The ANC said yesterday it had advised Ndebele to follow the rules guiding gifts for members of the national executive and also to "exercise personal judgment on the matter". It said Ndebele's decision "provides a lead to other public representatives who may find themselves in a similar situation".

DA parliamentary leader Athol Trollip, who earlier yesterday had called for the Auditor-General to probe contracts received by Vukazakhe members, also welcomed Ndebele's decision.

But he said it was "regrettable that it took intense media scrutiny and pressure from opposition parties".

Trollip said that if Zuma had told Ndebele he need not return the car but just declare it, "then this is a real disappointment".

"President Zuma has missed an opportunity to set the correct tone for his administration by ensuring that specific favours for a well-connected governing elite are not tolerated," Trollip said.

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