Ethics committee clears four ANC MPs of state capture corruption

The committee probed cases from recommendations made by the Commission of Inquiry into allegations of state capture. 

The committee found that Cedric Frolick, Mosebenzi Zwane, Winnie Ngwenya, and Thulas Nxesi, who is currently an Employment and Labour Minister, did not breach the code of ethical conduct and disclosure of member's interests.

Thulas Nxesi

The matter concerning Nxesi was referred to the committee by National Assembly Speaker Nosiviwe Mapisa-Nqakula as part of the commission’s report, which dealt with the Free State asbestos project debacle. 

Nxesi was accused of being among the   “perceived politically connected people” who received payments from the controversial businessman Edwin Sodi.

Sodi is the owner of Blackhead Consulting, a company that scored the R255 million tender to remove asbestos in the Free State in 2014.

The committee says Nxesi provided an affidavit that confirmed the explanation provided by Sodi.

"The member clarified that his name appeared as a reference for the payment but that the payment was not made to him. Rather the payment was the result of fundraising initiative he undertook to raise money to assist two families in financial need.

"The committee considered the proof of the payments and found that it confirms the version of events as explained by the member. The committee found that the member did not breach the Code," the committee said in a statement.

Cedric Frolick

The committee also cleared Frolick, who was referred by Mapisa-Nqakula for investigation after he was implicated in the commission’s report dealing with Bosasa.

The Zondo report alleged that he played a critical role in “winning over Mr Vincent Smith, the Chairperson of the Portfolio Committee on Correctional Services and Justice,” for Bosasa, which earned him a monthly benefit of R40 000. 

He allegedly also received accommodation at the City Lodge OR Tambo on 21 to 22 August 2021, which was paid for by Bosasa. 

Allegations were also made that Frolick intervened and persuaded the late Bosasa boss Gavin Watson to withdraw the litigation against the Department of Correctional Services.

In considering the matter, the committee said allegations against Frolick predated the adoption of the Code of Ethical Conduct and Disclosure of Members’ Interests, which could not be applied to the alleged conduct.

Mosebenzi Zwane

The committe also cleared former minister of mineral resources and energy Mosebenzi Zwane, who was accused of breaching the code of conduct in his involvement with the Gupta family's Vrede and Estina matter.

The investigation emanated from a complaint that was submitted by activists,  Abdurrazack Achmat, Zukiswa Fokazi and #UniteBehind non-profit organisation in September 2022.

The activists called for him to be disqualified from parliamentary membership. 

The committee concluded that the matter did not fall within their jurisdiction as Zwane was the MEC of the Free State province at the time and not a Member of Parliament.

Winnie Ngwenya

Another MP who was cleared by the committee is Winnie Ngwenya, who was accused of taking money from Bosasa while she was a member of the portfolio committee on correctional services.

She appeared before the committee in November 2022 and  June 2023 and categorically denied the allegations against her.

"She also indicated that she does not reside close to the Bosasa offices.

"The committee accepted the explanation by the Member and found that the member did not breach the code, " said the committee. 

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