Scopa moves forward with Road Accident Fund inquiry despite MK Party objections

The Standing Committee on Public Accounts (Scopa) on Tuesday adopted the terms of reference for the parliamentary inquiry into the Road Accident Fund (RAF).

This was despite the MK Party expressing unhappiness with some of the terms of reference, such as allowing Scopa to accept assistance from any civil society organisation and barring the participation of witnesses’ legal representation during the inquiry.

Scopa chairperson Songezo Zibi said the inquiry will focus on the mandate of the committee, which relates to the use or misuse of public funds, maladministration, and others.

“We need to hold a line on that because people will have all manner of complaints against different institutions. It is important we stay on the mandate of the committee,” he said.

During the discussion, MPs had the opportunity to discuss issues to be covered by the parliamentary inquiry.

These included financial management and compliance, procurement and supply chain management, legal and litigation expenditure, fraud, corruption, whistle-blower reports, claims processing, governance, and human resources issues, among others.

While the terms of reference initially highlighted the accountability of the board on oversight at the RAF, MPs wanted the focus to extend to the Transport Ministry.

There were specific issues some members wanted the inquiry to focus on, such as the use of accounting standards, security for the suspended CEO and his armoured vehicle, and a legal firm not paid by the RAF, which turned out would be covered in some of the terms of reference.

“We can’t itemise everything,” said Zibi.

MK Party MP David Skosana questioned the rationale behind the inquiry and inquired about the expected costs.

“I can assure you that there are individuals prepared for this exercise. It is the same thing, and we have seen it before, and I am going to say that I am going to be vindicated after this inquiry because it is all about numbers. If I may ask, how much is this inquiry going to cost us?” Skosana asked.

In response, Zibi said the inquiry was to be led by MPs, and the legal advice was obtained internally in Parliament, and the hearings will be held within the parliamentary precinct.

“The only thing we might need to get is an expert explanation where it is necessary, when it is not available within the government to assist. There are not going to be extraordinary costs. I have agreed with the House chair that we will be allocated within parliamentary staff additional people to carry the weight. I don’t have the number, but to the extent that there will be no additional cost, it will be minimal,” he said.

Zibi clarified that the RAF will incur costs for their travel and accommodation as they did when they came to account in Parliament.

According to the inquiry’s terms of reference, witnesses will be invited or subpoenaed when they refuse to appear before the inquiry.

Parliamentary legal advisor Fatima Ebrahim said a person would be subpoenaed if they were not willing to come and testify.

Zibi stated that the inquiry will not allow lawyers to speak on behalf of witnesses.

“While any person may seek legal advice, no legal representative will be allowed to participate in the proceedings,” he said, adding that witnesses will be given a reasonable time to consult with their legal representatives during their testimony.

But, Skosana disagreed, saying persons should have legal representation.

“Why are we not allowing them not to have legal representation? What are we hiding?” asked Skosana.

When ANC MP Cameron Dugmore moved that the terms of reference be adopted and was supported by the UDM and the DA, EFF MP Chumani Matiwane noted they were rushed without going through every page.

“There are certain issues we would have loved to raise. Why bypass the process we set for ourselves? he asked.

Matiwane wanted clarity that “Scopa may accept assistance from any civil society organisation or academic institution that may be able to assist the Scopa, at no cost, in conducting its oversight enquiry”.

“I have an issue with certain civil society organisations that peddle certain agendas,” he said.

Zibi said they would not be seeking assistance, but it was up to the committee to accept or not when somebody, such as academics, offered to assist the inquiry.

The MK Party MP, Talente Kubheka, said civil society organisations were weaponised in the country.

“We reject wholly anything that has anything to do with civil society. We don’t need civil society organisations,” he said, but had no issue with academics, as an example.

The terms of reference were subsequently adopted, but Skosana said they were accepted before they finished the discussion.

“It is just a formality… We are very clear that it does not matter whether we accept or not. This matter is decided, it is done,” he said.

Zibi said the public will be invited to make submissions to the inquiry.

“The committee will consider the submissions, whether they fall within the terms of reference. That opportunity will be provided,” he said.

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