Travelgate accused to fight decision to fire

Published Feb 8, 2007

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By Boyd Webb and Lenore Oliver

At least one MP has threatened to take action against his party if he is given the chop for his involvement in the Travelgate scam as recommended by a parliamentary disciplinary committee.

Another MP, Increase "John" Ncinane, has been jailed for defaulting on repayments he was ordered to make as part of a plea bargain deal.

ANC MP Randy Pieterse said he did not agree with the recommendation that the "strongest possible action" be taken against him and 10 other MPs who pleaded guilty to defrauding Parliament.

Pieterse argued Wednesday night that the cases should have been evaluated on an individual basis and not as a group.

"My intention was never to defraud Parliament and I will certainly challenge them on whether they were procedurally correct (if asked to leave)," he said.

So far 32 MPs have entered into plea bargains with the State in the multimillion rand Travelgate scam.

Parliament's disciplinary committee reached a decision on Wednesday that the strongest possible action should be taken against members found guilty of travel fraud.

The committee, chaired by deputy speaker Gwen Mahlangu-Nkabinde, will hand its report to National Assembly Speaker Baleka Mbete soon.

Parliament has no power to fire MPs, as they are not directly elected and hold their seats by virtue of their party in terms of the electoral system.

National Assembly secretary Kamal Mansura said that according to the constitution, the only time Parliament could dismiss an MP was when he or she had been declared an unrehabilitated insolvent, of un-sound mind, or if he or she was sentenced to prison for longer than 12 months without an option of a fine.

"Other than that there is no provision for Parliament to dismiss an MP and it must be done by the party," he said.

Meanwhile a travel agent, Nazley Lakay of Star Travel Bureau, has pleaded guilty to fraud totalling R2,8-million and will provide a statement detailing her co-accused's roles in the Travelgate scam. She's the second travel agent to do so.

Lakay was fined R20 000 or three years in jail, two years 'correctional supervision and a seven-year jail term, suspended for five years.

On Wednesday Cape Judge President John Hlophe also provisionally withdrew fraud charges against wheelchair-bound ANC MP Maxwell Moss on "humanitarian grounds".

Moss has agreed to perform community service at Disabled South Africa for 10 hours a months for 48 months.

Ncinane, who was one of the first ANC MPs to enter into a plea bargain deal, has been sent to jail for defaulting on his payments.

Ncinane was sentenced to R80 000 or three years' imprisonment and a further five years conditionally suspended in April 2005 but defaulted on his payments more than once.

In December a warrant for his arrest was issued when he still had R42 000 outstanding.

The case was postponed to Wednesday to give Ncinana an opportunity to pay the fine in full. The court ruled that he serve a pro rata balance of his jail sentence.

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