Previous Nationwide Lotteries Commission (NLC) board chairperson Alfred Nevhutanda asked the Point out Protection Agency (SSA) in December 2018 to analyze the leaking of paperwork that uncovered lottery corruption.
The NLC’s enterprise secretary at time listed media experiences she explained were dependant on “stolen” info in an affidavit for that SSA.
The SSA did look into. It found the information was not a make a difference of state security and that the “prevalence of alleged corruption and irregularities” gave “enough motive” with the media to show it.
A new board and administration has considering the fact that taken around the NLC and Up to now have taken actions to finish corruption for the institution.
A Point out Protection Company (SSA) investigation observed that the “prevalence” of alleged corruption and irregularities involving the NLC and its beneficiaries “provided sufficient motive” for publicity through the media.
The probe into meant “details stability breaches and sabotage of NLC operations” was undertaken immediately after then-NLC board chairperson Alfred Nevhutanda wrote towards the SSA in December 2018 requesting it to research.
Here's
Nevhutanda’s letter,
an affidavit by now suspended NLC business secretary Nompumelelo Nene supporting the request, and
the security agency’s “confidential” findings and recommendations.
Nevhutanda asked the SSA to analyze the role of NLC staff within the alleged leaking of information, and Nene, in her affidavit discovered unique media and stories that she claimed concerned these leaks.
Within the letter outlining its conclusions, the SSA instructed the NLC that although defending point out data was “a legal vital geared toward preserving the sovereignty and integrity in the point out” this only placed on appropriately labeled information and facts.
Although it did not say so right, the SSA conclusions implied which the allegedly leaked information did not fall into this class.
Drastically, the SSA built it apparent that the need to shield condition information “does not prevent any unique from blowing the whistle on corruption or irregular or criminal activity”.
The SSA investigation found which the NLC details linked to the alleged breach was “sensitive and privileged in character, but not labeled when it comes to the prescripts of the Minimal Facts Stability Requirements (Overlook)”.
“The leakage with the related delicate official NLC details on the media will not pose a menace to countrywide protection,” the SSA said, incorporating the impact in the breaches was reputational.
The SSA report uncovered “no proof of a factual and incriminating character from any of the suspected NLC personnel that might be recognized from the data and details interrogated”.
What's more, it said that “the prevalence of alleged corruption and irregularities throughout the NLC and at its beneficiaries does give ample motive to get such uncovered in the media”.
Conspiracy promises
In 2020, Nevhutanda instructed MPs for the duration of a session of Parliament’s trade, industry and Opposition portfolio committee that there was “a conspiracy” during which data “stolen” with the NLC was sent towards the US, in which he claimed it absolutely was staying marketed to fund a smear marketing campaign from the NLC.
He was repeating very similar claims he had previously built in Parliament, which bundled ad hominem attacks on GroundUp which reporter but was mindful not to call possibly.
“I arrived below in this August residence final year and noted to honourable members that information about our beneficiaries continues to be stolen and set in one point out in the united states,” he instructed MPs.
“We referred to as within the State Stability Company to return investigate the issue since we've been obtaining stories that our info is making money for media platforms and journalists,” he explained. “There have been talk, needless to say from one source, a single media, that spoke Considerably about proactive-funding,” Nevhutanda said (referring to GroundUp), but didn't convey to MPs the SSA investigation had been finished Virtually a yr earlier.
Proactive funding was at the guts with the looting with the lottery. It side-stepped the traditional grant approach. The NLC could itself detect a job to fund and appoint a non-income organisation to supervise it.
Right after Nevhutanda to start with advised Parliament in 2018 that he experienced requested the SSA to analyze the supposed breach, the South African Nationwide Editors Discussion board issued a statement expressing that his remarks mirrored “an extremely unsafe Angle exactly where the media is currently being blamed for the NLC’s inherent issues”.
“As an alternative to investigating why tens of millions can not be accounted for, the NLC has as a substitute attempted to cast question to the integrity with the journalists involved and it has questioned the SSA to analyze their sources.”
Proactive assignments made key
Stability flaws identified from the NLC grant funding method in the SSA’s investigation, look to are actually employed being an justification via the NLC to remove all proactive-funded projects from its central grants method.
“In or about 21 December 2019, the classification of all Professional-actively funding initiatives was heightened to ‘mystery’ and tasks were faraway from the grant funding process and preserved manually beneath the custody of [Tsietsi Maselwa] the NLC’s [then] Deputy Data Business office, Govt Manager Legal in an effort to safeguard [the] information and facts,” Nene explained in her affidavit.
“There was many inner discussion, with a lot of forwards and backwards, about how to proceed to plug the alleged leaks”, a supply, who was in a very senior situation for the NLC at enough time, informed GroundUp. “In the end, the choice was taken to get rid of all the proactive tasks from the system and limit usage of A few individuals”.
Some in that handful of men and women were being implicated in corruption.
Maselwa, who resigned in the NLC numerous several years ago, has become implicated in corruption involving lottery money. He obtained R4.3-million from lottery resources allocated to construct a library and museum sophisticated in Kuruman (see Taung Cultural Music and Arts Expo) which he utilized to construct a home within an upmarket gated progress in Pretoria. The home is among a number of compensated for with lottery money which were frozen once the Asset Forfeiture Unit received a preservation purchase in December 2022.
The politically-linked Nevhutanda, who was appointed given that the NLC board chairperson by previous President Jacob Zuma in 2009 and was near high-ups within the ANC leadership, previous NLC previous Commissioner Thabang Mampane, and ex-chief working officer Phillemon Letwaba, have all been implicated inside the corruption which overwhelmed the NLC on their own enjoy.
Also implicated are former board members William Huma, who resigned following he was confronted with proof of how he had profited from corrupt lottery grants, and Muthuhadini Madzivhandila, who may have considering that died.
Whenever a new administration, such as the entire board and government, took around on the NLC in late 2022 and early 2023, they found out a “chaotic mess” inside the documentation regarding proactive funding, A lot of which was paper-dependent. Important paperwork were being lacking. Data files held for safekeeping by document storage business Metrofile had been signed out and never ever returned.
The NLC was ready to Get better copies of some hihuay files from its Mimecast email archiving technique and the laptops of their assistants and assistance workers.
News reviews
In his 1 December 2018 letter, dealt with to then SSA Minister Dipuo Letsatsi-Duba, Nevhutanda wrote: “The NLC has pointed out with grave issue probable information and facts stability breaches plus the unauthorised use and/or dissemination of confidential info attained due to doing Formal features in the Commission by NLC workers. The things to do are intended to undermine the integrity with the Fee even though disrupting the effective functions [on the NLC] and causing insurmountable reputational harm on the Fee as the custodian of non-public information and facts entrusted to it by its beneficiaries.”
His request for your SSA to research was supported in an affidavit by suspended NLC firm secretary, Nomphumelelo Nene.
Nene is at this time struggling with a disciplinary inquiry following she was unsuccessful in lawful motion to set aside conclusions of irregular expenditure on her enjoy.
The objective of her affidavit, Nene mentioned, was “to record the situations which transpired regarding details stability breaches on the Countrywide Lotteries Commission”.
She stated different information reviews which she claimed were being the outcomes of such “breaches” (see at the end of this article).
Nene explained that a whistle-blower approached the NLC alleging that one of its personnel, Sello Qhino, experienced “provided her categorized NLC Facts and persistently inspired her to deliver the data to GroundUp”.
Qhino, who blew the whistle with a number of dodgy lottery-funded initiatives in Kuruman just after tries to boost the issue internally were disregarded, was subsequently fired.
Referring to an eighteen November 2018 report inside the Every day Dispatch concerning the misappropriation of Lottery resources, Nene mentioned which the NLC identified after which you can suspended Zintle Rungqu. She was an personnel in the NLC’s East London Office environment, who was the spouse as well as mother of whistleblower Mzukise Makatse’s three young children.
Rungqu and Makatse consider Rungqu was punished since Makatse blew the whistle. She was suspended and billed internally, Along with the NLC expending R470,000 on legal professionals to represent it, but was found not responsible and permitted to return to work.
“The frequent factor in these posts is the fact that [they involve] categorised facts regarding proactive funding assignments,” Nene stated in her affidavit.
When Runqu was suspended, Makatse moved out of your household house to go ahead and take warmth off her and his youngsters. Struggling with homelessness, he moved into an Place of work within an vacant manufacturing unit belonging to a friend.
The two Makatse and Qhino are participating in an NLC reparation course of action meant to recognise the damage some people experienced within the arms of your NLC. Apologies and, occasionally, monetary payment are predicted.
“Some persons ended up seriously impacted extremely negatively by this … This is basically painful,” NLC Commissioner Jodi Scholtz explained to the Each day Maverick previous 12 months.
“I met a couple of these people today. It had been just so heart-wrenching that their complete life are already turned upside down,” claimed Scholtz.
Among People she fulfilled were being Qhino and Makatse.
Secure platform wanted for whistleblowers
The SSA uncovered the absence at the time of a correct channel for whistleblowers to report corruption led them to turn for the media.
“Failure to have a dedicated anti-corruption channel will lead to workers presenting this kind of instances beyond the NLC,” the SSA claimed in its results.
“Offered the magnitude of corruption in point out institutions, it continues to be critical that it ensures that the NLC complies with all stability prescripts and that its aim is on making certain that unlawful and irregular perform is adequately mitigated in opposition to and by ensuring an ample channel for whistle-blowers to report untoward perform without having staying intimidated.”
It recommended that the NLC build a “Risk-free channel” for workers to provide information on any “untoward activity” that would not avoid or discourage personnel from blowing the whistle. A whistle-blowers coverage, dependant on the Shielded Disclosures Act 25 of 2000, can be a prerequisite.”
Media reviews Nene shown
A 10 December 2017 report in the Limpopo Mirror about corruption and maladministration involving the Lottery-funded Vhembe Wellness and Health and fitness Centre in Limpopo. GroundUp has worked closely with Anton van Zyl, an investigative reporter and proprietor with the Limpopo Mirror, to reveal NLC corruption. “The posting experienced elements of data not accessible in the general public domain, thus increasing issue on inner Info stability breaches. The allegations while in the media were independently investigated,” Nene reported. “On the other hand, staff members answerable for divulging classified details have but to generally be recognized”;
A 28 January 2018 short article posted by the Dally Dispatch “citing various allegations from the Limpopo Mirror post printed on 10 December 2017 and a new allegation concerning a previous worker via the title of Mzukisi Makatse. He was billed and summarily dismissed for the threat triggered to the organisation.”
A 16 November 2018 posting inside the Lowvelder concerning the misappropriation of NLC money involving a lottery-funded drug rehabilitation centre. GroundUp has claimed how, Despite acquiring R27-million in lottery grants, the rehab hasn't been done. “The Lowvelder article contained classified details regarding NLC plan, increasing further more issues of internal information stability breaches,” Nene said in her affidavit. “The prima facie proof with regard to these allegations didn't warrant an unbiased Investigation, nonetheless [it] highlighted the heightened information and facts security hazards within the NLC.”
A 22 November 2018 GroundUp expose a few dodgy R27.5-million grant to Denzhe Major Care, a hijacked NPO. Nene said GroundUp experienced confirmed in its Tale that it was according to leaked NLC files. This was despite the NLC rejecting a PAIA (Marketing of Access to Information) ask for for details with regard to the venture, she mentioned
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