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ANC chief whip Mdumiseni Ntuli rejects claims of study group ‘capture’

Study groups make use of government officials in order to formulate views, MPs hear

ANC parliamentary chief whip Mdumiseni Ntuli. File photo.
ANC parliamentary chief whip Mdumiseni Ntuli. File photo.Picture: Freddy Mavunda / Business Day

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ANC parliament chief whip Mdumiseni Ntuli has defended his party’s study groups, which make use of government officials in order to formulate views on certain matters.

This is despite an outcry by some political party leaders, heading departments and ministries no longer led by the ANC, that the use of study groups was a sinister way of using officials to gain access to sensitive information.

Ntuli said it is factually incorrect to suggest the ANC study groups are platforms through which MPs became embedded in administrative processes.

Story audio is generated using AI President Cyril Ramaphosa’s Presidency budget vote descended into a fierce debate over accountability, crime, immigration and the Phala Phala scandal on Tuesday, with opposition parties using the occasion to question his leadership and the effectiveness of the government of national unity (GNU). Defending his office in parliament, Ramaphosa argued the Presidency is not a service delivery department but the “strategic centre” of government responsible for: co-ordinating implementation; resolving blockages; and ensuring commitments made by government are translated into tangible results. Ramaphosa said the Presidency’s three key priorities are: driving inclusive growth and job creation; reducing poverty and the cost of living; and building a capable, ethical and developmental state. He defended the institution’s budget by arguing its resources are directed towards long-term planning, policy co-ordination, performance monitoring and implementation oversight; rather than frontline service delivery. He acknowledged concern over the latest employment figures, which showed a decline in jobs despite improvements in investment and business confidence. He highlighted improvements in the economy, citing: Moody’s decision to raise South Africa’s outlook from stable to positive and S&P’s upgrade six months earlier; more than R890bn in investment pledges secured at this year’s South Africa Investment Conference; the end of load-shedding for more than a year; and plans for R1-trillion in infrastructure spending over the next three years. The president pointed to improvements at Eskom and Transnet, saying railway and port performance was improving and helping to ease bottlenecks in mining, agriculture and manufacturing. He also mentioned: an 11% increase in agricultural export earnings in the first quarter; record tourism arrivals of 10.5-million visitors last year; and plans to transfer title deeds to beneficiaries farming on state-owned agricultural land. Ramaphosa warned, however, the escalating conflict involving Iran, Israel and the US could undermine South Africa’s economic recovery by driving up oil and fertiliser prices and slowing economic growth. He acknowledged concern over the latest employment figures, which showed a decline in jobs despite improvements in investment and business confidence. The president outlined the government’s plans to tackle crime and corruption, saying law enforcement agencies have recovered more than R17bn linked to state capture investigations and 80% of the recommendations arising from the state capture commission implementation plan are complete, substantially complete or on track. He also stressed: the work of the Madlanga commission; efforts to combat gender-based violence; plans to crack down on illegal immigration; the establishment of the National Water Crisis Committee; and the expansion of the National Youth Service to create 100,000 opportunities for young people. Parties weigh in ANC chief whip Mdumiseni Ntuli backed the budget, describing the Presidency as the centre of strategic leadership in the democratic state and defending constitutional democracy and government’s reform agenda. Ntuli said the constitution was not an obstacle to transformation but rather the instrument through which social and economic justice could be achieved. “The constitution is not a brake for transformation. It is the mandate for transformation,” he said. Other parties used the debate to argue the government was failing to convert plans and policies into meaningful improvements in the lives of South Africans. The DA focused its criticism on crime and the criminal justice system. DA MP and parliamentary leader George Michalakis said the state was failing in its most fundamental responsibility of protecting citizens and argued the criminal justice system was breaking down at every stage. “On average, 58 South Africans lose their lives every day to violence,” said Michalakis. “The result is a criminal justice chain that is breaking at every link from investigation to prosecution to incarceration and ultimately to rehabilitation.” Michalakis called for greater powers to be devolved to capable provinces and metropolitan governments to help to combat crime. South Africans cannot eat co-ordination or drink oversight and cannot find jobs in strategy documents Several parties centred their contributions on the Phala Phala scandal and the newly established impeachment committee. Rise Mzansi MP Makashule Gana, who was recently elected chairperson of the impeachment committee, said parliament’s process would continue unless prevented by law. “While it is within your rights to take the section 89 independent panel report under judicial review, this house must be clear: the committee will proceed with its work unless the law says otherwise,” said Gana. Gana said Ramaphosa should be prepared to appear before the committee if called on to do so. He urged the government to confront corruption at home affairs and South Africa’s borders and called for greater urgency in fixing local government and addressing the cost-of-living crisis. Build One South Africa leader Mmusi Maimane said the country needed “a president focused on South Africa’s problems, not one distracted by his own”. Maimane said Ramaphosa should allow the parliamentary impeachment process to proceed without delay and argued taxpayers should not fund litigation related to the president’s private affairs. ACDP leader Kenneth Meshoe also focused on Phala Phala, saying the matter continued to cast a shadow over the Presidency. Meshoe questioned who had brought the money to Ramaphosa’s farm and why it had allegedly been hidden in a sofa. FF Plus leader Corné Mulder similarly urged Ramaphosa to deal with the matter decisively. “This issue does have the potential to taint your legacy and paralyse the remaining almost three years of your presidency,” Mulder said. Mulder called for a reset in relations with the US and proposed a major economic partnership centred on critical minerals, investment and trade. Immigration Immigration emerged as another major point of contention during the debate. Ramaphosa had earlier announced that the government is: intensifying workplace inspections; prosecuting employers who break labour laws; strengthening border security; and cracking down on illegal immigration. Patriotic Alliance MP Marlon Daniels welcomed the tougher approach, saying there was nothing wrong with enforcing immigration laws against undocumented foreigners. Daniels praised the recent improvement in South Africa’s ratings outlook and said the Presidency required even greater resources given its responsibilities. UDM deputy president Nqabayomzi Kwankwa also supported stronger enforcement of immigration laws, arguing South Africa should not be expected to carry the burden of irregular migration without reciprocal support from other African states. Kwankwa said support for African solidarity should not come at the expense of South Africans, and criticised what he described as one-sided expectations placed on South Africa by other countries on the continent. He and ANC MPs warned against xenophobia and vigilantism. ActionSA MP Athol Trollip accused the government of failing to translate plans into results and criticised what he described as weak oversight and poor implementation. “South Africans cannot eat co-ordination or drink oversight and cannot find jobs in strategy documents,” he said. Trollip criticised the Presidency over: lifestyle audits; unemployment; municipal failures; and what he described as declining trust in chapter 9 institutions. The EFF rejected the budget outright, with MP Nazier Paulsen accusing the Presidency of poor planning and policy contradictions. Paulsen said inconsistencies between the Presidency’s planning documents raised questions about governance and implementation, while criticising Ramaphosa for failing to implement parliament’s resolution regarding Israel. MK Party MP Khanyisile Litchfield-Tshabalala attacked the government’s economic policies, arguing its commitment to market-led reforms and foreign investment would not solve unemployment or drive meaningful industrialisation. She blamed trade liberalisation and what she termed neoliberal economic policies for the decline of manufacturing industries and rising unemployment. ATM leader Vuyolwethu Zungula criticised government spending patterns, saying procurement continued to favour established companies while failing to support local manufacturing and job creation. He said Ramaphosa owed South Africans answers on Phala Phala, given the significance of the office he occupies. Business Day

He said the practice of study group meetings is routine and in line with legislative prescripts.

“The ANC has consistently exercised its oversight role in accordance with the constitutional obligations imposed by section 42(3), the legislative authority contained in section 44 of the constitution, and the rules of parliament. The invitation of public sector officials to provide information to any political party does not contravene the law,” he said.

In fact, he said, the opportunity for political parties to arm themselves with resources is available for all of them.

Study groups are meetings of ANC members of parliament that discuss a variety of issues, including forthcoming committee business, oversight of government departments and organs of state, the processing of legislation and the facilitation of public participation
Mdumiseni Ntuli, ANC parliament chief whip

“All political parties are at liberty to request information from government departments to assist them in performing their oversight responsibilities. Such requests are routinely accommodated in a manner consistent with the law and the relevant protocols governing the disclosure of official information.”

Ntuli addressed the matter following concerns raised by some government of national unity (GNU) leaders who have questioned the study groups.

The first complaint came from UDM leader and defence deputy minister Bantu Holomisa, who wrote to National Assembly speaker Thoko Didiza and the Public Service Commission querying the practice.

Story audio is generated using AI Intense lobbying was under way on the eve of Monday’s inaugural meeting of the parliamentary impeachment committee into President Cyril Ramaphosa’s handling of the Phala Phala matter. ANC insiders have told Business Day that its parliamentary caucus will meet on Monday morning to decide on their nominee for chair of the committee. It is an influential position, as it sets the tone for the committee’s trajectory. But the ANC has only nine out of 31 representatives on the committee. Three ANC MPs told Business Day that they would lobby hard for Dorris Mpapane, who is the chair of parliament’s portfolio committee on the presidency, to lead the process. But no opposition party, including the DA, MK and EFF, is expected to support Mpapane. DA insiders say they would not nominate a DA candidate and they would be happy with Build One South Africa leader Mmusi Maimane leading and adjudicating the impeachment process’s work. “We won’t support a candidate from the MK or EFF,” a DA MP said. Other opposition parties are racing to agree on a single candidate as the ANC banks on divisions among its rivals to retain influence over the high-stakes process. The 31-member committee is expected to meet on Monday to elect its chair, a position that could shape the direction, credibility and tempo of the inquiry into the Phala Phala matter. Business Day has been told that opposition parties were due to meet on Sunday night as lobbying intensified over who should be put forward for the position. A decision was likely to be made late on Sunday night, possibly close to midnight, before a final opposition meeting at 11am on Monday, ahead of the committee vote. While the ANC does not command a majority on the committee, party insiders believe its path to the chair remains open if opposition parties fail to unite behind one candidate. If most opposition parties come together to back one candidate, the ANC is unlikely to have the numbers to secure the post. If they do not, the vote could split in a way that benefits the governing party. Insiders said the talks are “touch and go”, with parties trying to avoid alienating one another as they work to secure the 16 votes needed to win the chair outright. Final push One source said there will be a final push for consensus before the committee sits, adding that opposition parties are confident they will reach agreement. “There will definitely be sufficient consensus,” the source said. The ANC’s chief whip, Mdumiseni Ntuli, is expected to communicate the party’s candidate before the committee meets. The Patriotic Alliance is understood to be preparing to vote with the ANC, giving the governing party some comfort in what is expected to be a tightly contested election. Business Day also understands that the IFP and Al Jama-ah are likely to vote with the ANC. The ANC is said to be calculating that opposition parties’ internal disagreements could prevent them from consolidating around one nominee. Opposition parties have argued that the chair should not come from the ANC because the inquiry concerns Ramaphosa, the ANC president and head of state. They argue that the ANC is materially invested in the outcome and that its control of the committee would undermine public confidence in the process. Maimane confirmed to Business Day that he had been lobbied by some opposition parties to make himself available for the position. “It must be chaired by someone from the opposition. People have approached me, and I said I would be available,” Maimane said. Opposition parties have argued that the chair should not come from the ANC because the inquiry concerns Ramaphosa, the ANC president and head of state. But Maimane’s possible candidacy has also caused unease among some opposition MPs. One source said some parties are concerned about the way Maimane had handled the lobbying process, claiming he had been lobbying internally rather than allowing parties to first settle on a collective position. “There are people who are not comfortable with the way he has operated,” said the source. Maimane is not the only opposition figure under discussion. Rise Mzansi chief whip Makashule Gana is another name that has been mentioned as a possible chair. Speaking to Business Day, Gana said Rise Mzansi will participate fully in the process and vote for the candidate it believes is best placed to lead the committee. MPs inside the progressive caucus told Business Day they are actively lobbying for UDM deputy president and MP Nqabayomzi Kwankwa to chair the committee. The push for Kwankwa has created its own tensions because the UDM is part of the government of national unity (GNU), even though it has repeatedly sought to present itself as an independent voice within that arrangement. That has complicated the opposition’s argument that no GNU party should chair a committee probing Ramaphosa. Several opposition parties have argued that both the ANC and DA should avoid the position because of the GNU’s political stake in Ramaphosa’s survival. The same argument is now being applied by some opposition MPs to Kwankwa. The DA, which has five members on the committee, is understood to have little appetite for the post because it does not want to compromise its ability to independently assess the committee’s work. The contest has exposed the difficulty facing opposition parties. They broadly agree that the ANC should not chair the committee, but they have not yet agreed on who should. At least four opposition MPs are understood to be interested in, or open to, the position. The election will be decided by committee members, with the candidate who secures the most votes expected to become chair. The chair will play a crucial role in steering the committee’s proceedings, managing evidence, handling procedural disputes, and ensuring that the process can withstand political and legal scrutiny. The committee was established after the Constitutional Court revived the Phala Phala impeachment process, which stems from the theft of foreign currency from Ramaphosa’s Limpopo farm in 2020, and the alleged attempt to cover it up. Ramaphosa has denied wrongdoing and has approached the courts to challenge the independent panel report that found he may have a case to answer. The first test for the committee will now be internal: whether the opposition can use its majority to take control of the chair or whether the ANC can survive the vote by exploiting opposition fragmentation.

Basic education minister Siviwe Gwarube also raised her concerns after learning that officials from her department attended these study groups meetings ahead of meetings with parliament’s portfolio committee where her department accounts.

Ntuli said it is important to explain in detail what the ANC’s purpose is regarding the study groups and their operations.

“As the name suggests, a study group is a preparatory forum where ANC members of parliament collectively engage with and analyse documents and matters that belong within the terrain of work of deployment.

Mpumalanga taxi boss Joe “Ferrari” Sibanyoni and his co-accused have withdrawn their urgent high court application to block the re-enrolment of the extortion case against them. The National Prosecuting Authority (NPA) confirmed that the Director of Public Prosecutions (DPP) for the Mpumalanga division received a notice of withdrawal on Friday. On Wednesday, Sibanyoni and Oupa Johannes “Bafana” Sindane filed an urgent application at the Mbombela high court. They sought to interdict the execution of a J50 warrant of arrest against them, which was scheduled to be heard on Thursday at the Delmas magistrate’s court. In their application, they argued that they would suffer irreparable harm if the warrants were executed. Sibanyoni and his co-accused were initially arrested in May and charged with extortion and money-laundering. Sibanyoni, Sindane, Mvimbi Masilela and Philemon Msiza face these charges after allegedly forcing Mpumalanga mining entrepreneur Tengani Ntuli, the director of Tengane Mining, to pay more than R2.2m in “protection fees” between 2022 and 2025. The matter was previously struck off the court roll after the prosecutor, Adv Mkhuseli Ntaba, failed to show up during the bail application. When prosecutors subsequently decided to re-enrol the case, the accused tried to challenge the decision. It was due to be heard on Tuesday, June 2, at the Mbombela high court. NPA spokesperson Kaizer Kganyago confirmed the development, stating, “Their filing of the notice of withdrawal brings the application to an end, effectively allowing the re-enrolment of the criminal case and the execution of the warrants of arrest.” The NPA also noted that the Magistrates Commission has confirmed it is investigating a formal complaint filed by the DPP against chief magistrate Tuletu Tonjeni. “We are awaiting written reasons from chief magistrate Tonjeni, as well as a date for the hearing of the application for leave to appeal that we filed,” the NPA said. The National Director of Public Prosecutions (NDPP), Adv Andy Mothibi, said the authority will use “every legally permissible avenue to resist any litigation that seeks to militate against the upholding of the rule of law and holding those accused of criminality accountable”. TimesLIVE

“Study groups are meetings of ANC members of parliament that discuss a variety of issues including forthcoming committee business, oversight of government departments and organs of state, the processing of legislation and the facilitation of public participation.”

He explained that the study groups equip themselves by occasionally inviting officials from government departments to solely provide factual and technical briefings on matters of interest to the respective study groups.

“These are information-sharing sessions only. No directives are issued and no administrative authority is exercised. They are certainly not sinister attempts to facilitate state capture in any form — as others, strangely, have sought to suggest.”

Mpumalanga taxi boss Joe “Ferrari” Sibanyoni and his three co-accused have been released on bail. Bail was set at R70,000 each after the state did not oppose their application. This is after Sibanyoni, Bafana Sindane and Philemon Msiza handed themselves over at the Delmas police station on Thursday. During the bail application, their defence counsel Shaun Abrahams said his client Sibanyoni had handed himself over against his professional advice. “The warrant is unlawful. It’s unconstitutional, it’s an abuse of process, and the obtaining thereof lacks rationality. The appropriate process that should have been adopted by the authorities would have been [those contained in] section 54 of the Criminal Procedure Act,” he said, adding that that was the reason the accused would be challenging the state in the high court. Sibanyoni and his co-accused are accused of extorting R2m from businessman Thomas Ntuli between 2022 and 2025. The money is alleged to have been a protection fee to allow him to operate his mine in Kwaggafontein. He laid charges against Sibanyoni and others in November last year. The accused have all denied the allegations. The matter has been postponed to September.

Ntuli insisted that all ANC MPs have taken an oath to uphold and respect the constitution and the laws of the republic.

“We therefore wish to assure South Africans that no constitutional provision is violated when a political party establishes its own internal caucuses or study groups.

“Internal workings of the ANC caucus are determined by office of the chief whip; neither the speaker of the national assembly nor GNU partners can dictate how the ANC, or any other political party, should manage its internal affairs.”

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