The Department of Public Works offered R50 million to property mogul Roux Shabangu to “walk away” from the controversial Pretoria police headquarters lease.
This allegation is contained in an explosive 60-page affidavit in which Shabangu aims to absolve himself of any wrongdoing in the lease deal, which led to the axeing of two ministers and the suspension of police Commissioner Bheki Cele.
The affidavit is accompanied by more than 900 pages of documents which Shabangu believes will exonerate him.
Shabangu said former Public Works minister Geoff Doidge tried to get him to abandon the deal soon after Public Protector Thuli Madonsela began investigating.
“I was approached by Doidge to attend a meeting in Durban… Doidge said that DPW (Department of Public Works) would pay (The Roux Property Fund) R50m to walk away from the lease,” he said.
“I, in no uncertain terms, told them that I would not do so,” Shabangu said.
In the affidavit, Shabangu does not mention who else was present or the exact date of the meeting.
He later said that another meeting took place in September 2010 at OR Tambo International Airport, attended by a delegation from Public Works and headed by the former IF property mogul Roux Shabangu has his way, top-ranking government officials, former ministers and suspended public works officials will take the stand to defend their actions in the R500 million police lease scandal.
In papers before the Pretoria High Court, Shabangu says he believes oral evidence should be given to clear up the confusion over the controversial lease, and to unravel the differing versions. This could force senior government officials to explain just how and why Treasury regulations governing the awarding of public sector contracts were not followed – and who was ultimately responsible.
The Department of Public Works has taken Shabangu’s company – Roux Property Fund – to court over the lease agreement which was declared invalid after an investigation by Public Protector Thuli Madonsela.
If the court accepts Shabangu’s argument, suspended police commissioner Bheki Cele could be called to give evidence in what would be the second public hearing about his role in the lease saga.
A public inquiry into Cele’s fitness to hold office is expected to start on March 5, following his suspension by President Jacob Zuma in October last year.
“The court will be requested to dismiss the application or to refer the application to trial or oral evidence… The application – as it stands – is fraught with obscure allegations which require explanation and clarification,” Shabangu said in a 60-page affidavit.
“The former national commissioner, General Cele, also features prominently in the matter. There is no explanation by him. The same applies to the absence of an explanation by the former minister of public works, Ms (Gwen) Mahlangu-Nkabinde.”
Shabangu may go further than calling Cele and Mahlangu-Nkabinde; he suggests other cabinet members could also be asked to give evidence.
He says it is clear that the decision to proceed with the lease, announced by Mahlangu-Nkabinde on December 7, was passed at the highest level of government.
“In the circumstances it is reasonable to assume that the matter would have been discussed at cabinet level… ,” Shabangu said.
Other central players include axed minister Geoff Doidge, who now serves as an ambassador in Sri Lanka, and former public works director-general Siviwe Dongwane. Former acting director-general Sam Vukela could also be called to explain why he submitted two differing affidavits in the case.
Shabangu argues that the case should be dismissed by the court because of “fatal deficiencies” in how it was brought. He questions why key players in the lease saga have not been joined as parties, including decision-makers within the department and police, and the chairman of the Special National Bid Adjudication Committee.
“A complete record of the relevant proceedings has not been made available and no reasons have been given by the decision-makers for the administrative actions. “
His lawyers have asked the Department of Public Works to provide crucial documents, including all police and public works files and correspondence on the lease, and all the documentation presented to the Bid Adjudication Committee. Shabangu believes Nedbank, “who is a necessary party with a real and substantial interest in the proceedings”, should also have been joined.
He questions why Vukela was asked to depose an affidavit in the case when he was not director-general at the time the contract was finalised.
The Department of Public Works will have 15 days to reply to Shabangu’s claims. - Weekend Argus