Business Day LIVE

IN OCTOBER African National Congress (ANC) secretary-general Gwede Mantashe grasped a nettle. "Of great concern are the NEC (national executive committee) members who are either charged or have pending cases of corruption against them," he said. "As the number of these comrades grows we will be unable to sustain the technical argument of innocent until proven guilty."

He is right of course. Corruption and misconduct (sometimes much worse), inside and outside the ANC government, is now so rife — and the myriad high profile cases against individuals employed by the state or its agencies so complex — it is difficult to keep track.

There is just a general haze and the impression that almost every element of South African society is compromised in some way or another.

It is helpful then to put together a list of some of the most substantial incidents, and, where relevant, to see how the ANC has reacted.

The list below is not comprehensive, but it does comprise 15 of the biggest individual cases facing the ANC and its government on this front. It includes national, provincial and local public representatives, as well as some key public servants. Seen together, the depth and breadth of the allegations and charges are astounding, as is the seniority of many of those accused.

How much further the list has to grow until the ANC or its government can no longer sustain a technical argument of innocent until proven guilty is a matter of debate. Some may argue that particular threshold was breached a while ago.

1. Jacob Zuma

Problem: Pending a court case before the Constitutional Court, the president has attempted to settle his personal liability for some of the exorbitant upgrades, carried out at the state’s expense, to his private residence in Nkandla. The relevant opposing parties — the Democratic Alliance (DA) and Economic Freedom Fighters (EFF) — have refused his offer. The DA has estimated the president’s personal liability, for ‘upgrades’ such as a swimming pool and cattle kraal, to be R52.9m. The case is scheduled for February 9.

Response: "I am not worried about Nkandla; it’s not my problem," according to Zuma. His offer to settle marked a substantial about turn on the issue.

Party position: President.

Public position: President, Republic of South Africa.

Party disciplinary action to date: None.

Other: The public protector has described the Nkandla scandal as a "toxic concoction of a lack of leadership, a lack of control and focused self-interest".

2. Jacob Zuma

Problem: Former national director of public prosecutions Mokotedi Mpshe withdrew about 700 fraud and corruption charges against Zuma, before he was sworn in as president in 2009. The DA has been fighting for them to be reinstated. The case has spawned a number of smaller challenges that are still playing themselves out, in lieu of the DA’s goal: to have the main charges again brought against the president.

Response: As part of his reasoning, in his representations to the National Prosecuting Authority (NPA), Zuma argued that a "Western paradigm brands this (his association with Shabir Shaik) criminal".

Party position: President

Public position: President, Republic of South Africa

Party disciplinary action to date: None

Other: The Supreme Court of Appeals said of Zuma’s relationship with Shaik: "In our view, the sustained corrupt relationship over the years had the effect that Shaik could use one of the most powerful politicians in the country when it suited him."

3. Nomgcobo Jiba

Problem: According to the DA, Jiba is alleged to have lied in court, failed to comply with court orders, ignored deadlines, failed to exercise an independent mind and shielded "irrational and illegal actions from judicial scrutiny". It believes her appointment, as deputy national director of public prosecutions, is irregular and wants it set aside. She is due to appear in court on February 10.

Response: "I’ve never helped anybody … the short and simple answer is, I am not biased at all," according to Jiba.

Party position: None.

Public position: Deputy national director of public prosecutions.

Party disciplinary action to date: N/A.

Other: There is currently an application before the General Council of the Bar to have Jiba struck off the roll as an advocate.

4. Hlaudi Motsoeneng

Problem: The Western Cape High Court ruled in December that Motsoeneng’s appointment as the South African Broadcasting Corporation’s (SABC’s) chief operating officer was "unlawful and irrational". Motsoeneng has applied for leave to appeal. A date has not yet been set. The case was one part of a two-part application. The second part, upheld by the Supreme Court of Appeals, was to ensure the Public Protector’s recommendations in an adverse finding against Motsoeneng were upheld.

Response: After an internal disciplinary hearing cleared Motsoeneng of all charges against him, he stated: "I’m an intellectual strategist. I’m an intellectual born person. No one can take that from me except God. No one can stop me to go up and up, because I have brain in me."

Party position: None.

Public position: Chief operating officer, SABC.

Party disciplinary action to date: N/A.

Other: The Public Protector found Motsoeneng’s appointment irregular, that he had misrepresented facts, purged staff, escalated the SABC’s costs and made irregular appointments.

5. Miriam Segabutla

Problem: As Limpopo’s health MEC in 2009 and 2010, Segabutla was alleged to have established a corrupt relationship with a company contracted to her department. The company allegedly bankrolled many aspects of her personal life, including a trip to Brazil. The case is before the North Gauteng High Court. Segabutla is out on R25,000 bail, but reportedly could face a 15-year jail sentence.

Response: Not available.

Party position: Segabutla was a member of the ANC NEC but was suspended. Despite this and the court case she was re-employed as a chief director in the department of international relations and cooperation.

Public position: None.

Party disciplinary action to date: An internal process was set up to deal with the findings against her. She was fired from her MEC post.

Other: The Public Protector also found Segabutla had breached the executive ethics’ code of conduct, for issues related to her divorce and the misuse of legal services.

6. Marius Fransman

Problem: It has been alleged that Fransman sexually assaulted a 20-year-old woman while travelling to the ANC’s 104th birthday celebrations in North West province. A case has been opened with the South African Police Service.

Response: Fransman has denied the allegations, calling them a "malicious attack on my integrity".

Party position: ANC provincial leader in the Western Cape.

Public position: None.

Party disciplinary action to date: The ANC’s national working committee has instructed Fransman to step down from his position as provincial leader to "allow the criminal investigation and police to finalise their investigation and the (ANC) integrity commission to present its final report".

7. Riah Phiyega

Problem: Following a recommendation made by the Farlam Commission of Inquiry into the Marikana tragedy, national police commissioner Riah Phiyega was suspended pending a board of inquiry into her conduct. At the same time, the Independent Police Investigative Directorate has laid criminal charges against Phiyega for defeating the ends of justice by failing to submit certain information to the inquiry.

Response: "The undignified haste to announce my imminent charging smacks of a sustained and concerted effort by the people and entities in the police ministry to continue with the relentless campaign that seeks to harass, slander and vilify me," according to Phiyega.

Party position: None.

Public position: National police commissioner (suspended).

Party disciplinary action to date: N/A.

8. Faiez Jacobs

Problem: The ANC has acknowledged an "incident" took place between Jacobs and a party researcher in December 2015. It is alleged Jacobs assaulted the researcher, Wesley Seale, a picture of whom, bleeding profusely, was put on Facebook. A case of criminal assault was opened against Jacobs. He is due to appear in court this month.

Response: "For now this is an internal matter. I am not going to comment on it," according to Jacobs.

Party position: ANC provincial secretary in the Western Cape.

Public position: None.

Party disciplinary action to date: The Western Cape ANC said in December "the provincial secretary has been put on precautionary leave pending the outcome of the internal disciplinary process". However, in February 2016 he returned to work. To date, the ANC has refused to reveal the result of the disciplinary meeting.

9. Andile Lili

Problem: The party’s provincial executive committee member was arrested last week for contempt of court. He had failed to appear before the court on three separate matters, and is out on R5,000 bail. He faces charges of incitement to commit violence after he called on supporters to kill rapists and murderers.

Response: Lili has claimed a "third force" is behind his arrest.

Party position: Western Cape provincial executive committee member.

Public position: None.

Party disciplinary action to date: None, although the provincial party has expressed dismay at his failure to appear before court saying, "you cannot postpone things that are damaging to the brand".

10. Truman Prince

Problem: It was revealed that, in a letter to the Construction Education and Training Authority and in his capacity as mayor of the Beaufort West municipality, Prince had written: "We are an ANC-led municipality, we are therefore in need of financial injection for our 2016 local government election campaign and therefore will also want to see construction companies sympathetic and having a relationship with the ANC to benefit in order for these companies to inject funds in our election campaign process."

A case of corruption has been opened against Prince.

Response: "According to me, there is nothing wrong," says Price.

Party position: ANC member.

Public position: Mayor, Beaufort West municipality.

Party disciplinary action to date: None. The ANC has, however, condemned Prince’s "lapse in judgment" in what it described as his "misguided attempt to raise funds".

11. Truman Prince

Problem: Prince is accused of assaulting a police officer in Leeu Gamka in the Karoo after he was pulled over for speeding. Prince faces charges of assault related to the incident.

Response: "I would never assault a woman. I know the law. I merely asked her in a gentle and manly way to move out of the way as she was blocking the driver’s side door," said Prince.

Party position: ANC member.

Public position: Mayor, Beaufort West municipality.

Party disciplinary action to date: None, although the party’s provincial executive has promised to discuss it.

12. Sibusiso Ndebele

Problem: In December former transport minister Sibusiso Ndebele appeared in the Durban Commercial Crime Court on charges of fraud, corruption and money laundering. He is out on R10,000 bail, and is due to appear again in July. It is alleged by the KwaZulu-Natal NPA Ndebele accepted R10m in bribes for the extension of a multi-billion rand eNatis project.

Response: Ndebele has said he believes the state has an "alarmingly feeble case" against him.

Party position: ANC member.

Public position: SA high commissioner to Australia.

Party disciplinary action to date: None.

13. Benny Malakoane

Problem: The Treatment Action Campaign opened a case of corruption against Malakoane as MEC for health in Free State province after it was alleged he had ordered a special intensive care unit to be established for an ANC branch secretary at the expense of other patients. The court case is reportedly at a "sensitive" stage.

Response: "I didn’t even know the patient’s identity or that he had been transferred to ICU.… All I did was to ask (medical personnel) to isolate the patient, who appeared to be in a coma, to prevent psychological trauma to the ones next door."

Party position: ANC member.

Public position: MEC, health, Free State provincial government.

Party disciplinary action to date: None.

Other: Malakoane also faces a long-standing corruption court case, revolving around irregular tenders, which has been postponed numerous times and its current status is unclear.

14. Mduduzi Christian Ngcobo and Luvelile Lutshelu

Problem: Both ANC councillors appeared in the Durban High Court on February 1. They were charged with the murder of Abahlali baseMjondolo KwaNdengezi chairwoman Thuli Ndlovu in September 2014. The case has been postponed until February 9.

Response: Not available.

Party position: ANC members.

Public position: Local councillor.

Party disciplinary action to date: None. "The councillors will continue working as normal until the court found them guilty," according to the ANC’s treasurer in the relevant area.

15. Molebatsi Bopape

Problem: As Gauteng MEC for sport, arts, culture and recreation Bopape was the subject of a forensic investigation into allegations of misconduct, maladministration and corruption. She is also alleged to have demanded a bribe.

Response: Bopape has welcomed the probe.

Party position: ANC member.

Public position: None.

Party disciplinary action to date: Initially Bopape was moved to the social development portfolio, but later fired from the position. It is unclear what further action has been taken.

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