ActionSA has approached the Public Protector to urgently investigate allegations made against Justice Minister Thembi Simelane, relating to the now-collapsed VBS Bank and to probe a potential violation of the Executive Members’ Ethics Act.

This after revelations that during Simelane’s tenure as mayor of the Polokwane municipality, she personally took a so-called “loan” from the “corrupt investment brokerage” that facilitated the unlawful investment of R349-million from the municipality into VBS. 

ActionSA parliamentary caucus leader Athol Trollip said should the Public Protector conclude that there is sufficient evidence of wrongdoing, his party will write to President Cyril Ramaphosa, requesting the immediate removal of Simelane as Justice Minister.                         

Trollip said ActionSA needed answers as to whether South Africa’s Justice Minister was possibly the recipient and beneficiary of illicit VBS cash, as reported.

“Consequently, it is a matter of grave concern that Minister Simelane, who now oversees the Department of Justice and who wields significant influence over the National Prosecuting Authority (NPA), is the very person responsible for the institution tasked with prosecuting corruption, potentially including this very matter,” he said.

The Democratic Alliance (DA) also expressed concerns, highlighting that it had submitted a request to the chair of the Justice Parliamentary Portfolio for Simelane to appear before the portfolio to answer to these allegations.

“At the very least, the Minister needs to be brought before Parliament to account for what measures she intends to put in place to manage the glaring conflict of interest between herself as Minister of Justice and Constitutional Development and her role involving the National Prosecuting Authority, which must surely be investigating the Minister and this transaction,” said DA spokesperson on Justice and Constitutional Development advocate Glynnis Breytenbach.

She said the allegations raised serious questions about the Minister’s integrity and her ability to fulfil the critical role of upholding justice in South Africa.

The DA said it wanted the NPA to continue to exercise its mandate without “fear, favour or prejudice,” despite the allegations that have surfaced against the person who oversees the body.

GOOD Secretary General and Western Cape Member of Parliament Brett Herron said it was "completely untenable" to have Simelane embroiled in the VBS fraud and corruption scandal. 

"Unfortunately that means that Simelane cannot remain the Minister responsible for a justice system that may well have to investigate and prosecute her if the allegations sustain a prima facie case. Equally, she cannot remain at the helm if a decision not to prosecute is the ultimate outcome and is to have unimpeachable credibility," explained Herron. 

He noted that Simelane was responsible for upholding the integrity of the justice system, and that she must ensure that the NPA was resourced and able to execute its functions without any interference. 

"In this case, the NPA is actively involved in investigating and prosecuting the VBS crimes that have resulted in the looting of the most vulnerable and marginalised South Africans. This is without a doubt a massive conflict of interest that extends into her role as a member of the justice and crime prevention cluster in Cabinet," he added. 

Herron highlighted that Ramaphosa "has no choice" but to act in the best of the country and in the interests of an "untainted criminal justice process" relating to all who are implicated in the VBS crimes. 

Last month, former VBS board chair Tshifhiwa Matodzi said the Economic Freedom Fighters received monthly donations since 2017, and a so-called business loan of millions of rands from VBS, through a front company, Sgameka Projects.

He also claimed that in 2016, African National Congress (ANC) treasurer-general at the time Zweli Mkhize had requested R2-million from the bank to pay an ANC supplier.