Dirco official accused of violating autonomy of African institution

Zaheer Laher, Dirco deputy director-general. Picture: Supplied

Zaheer Laher, Dirco deputy director-general. Picture: Supplied

Published Aug 29, 2024

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The continent’s 2030 energy security is at risk following what is deemed an embarrassing diplomatic rift between the Department of International Relations and Co-operation (Dirco) and the African Commission on Nuclear Energy’s (Afcone) executive secretary and chairperson, Enobot Agboraw.

Agboraw has been the subject of Dirco’s wrath after the department irregularly terminated his diplomatic immunity and privileges and stopped the payment to Afcone and its South African staff.

A source inside Dirco has revealed to The Star that this conflict had been kept from Minister Ronald Lamola for several months.

In a recent letter to Lamola seen by The Star, Afcone has alleged to the minister that Zaheer Laher, the acting deputy director-general (DDG), “may be planning, in cahoots with persons outside Dirco, to misuse the official machinery of Dirco to perpetuate a serious illegality.

“The information indicates that Laher is under time pressure to complete this task within a very short time frame before the hierarchy of Dirco is aware of the foul play that is being planned by Laher and his collaborators.”

The letter points to Laher having allegedly abused his position as chief director in Dirco to violate the autonomy and legal governance of Afcone.

It is alleged that on March 19, 2024, Laher barged uninvited into the Afcone headquarters, in violation of the Host Government Agreement, and while inside the office, he allegedly proceeded to harass the staff, requesting official and confidential documents, and instructing the finance officer to write a letter for him on an Afcone letterhead.

Laher is also accused of deliberately and knowingly violating the Host Government Agreement that established the headquarters of Afcone in South Africa.

Laher also allegedly invited the staff of the Afcone Secretariat to a meeting without including the executive secretary in the invitation. When the staff pointed out that in accordance with the Host Government Agreement, such meetings should include the executive secretary, Laher allegedly threatened the staff with consequences, and said that South Africa would not pay its assessed contribution and rental costs for Afcone offices unless the staff met with him without the executive secretary.

Dirco has hence not paid its due contribution for Afcone’s offices, a move that has shocked African diplomats.

Legal firm Cliffe Dekker Hofmeyr Inc. has served legal papers on Dirco, calling for a stop to Laher’s “abuse of power”.

“We urge Dirco to advise its officials not to interfere in the operations of Afcone or to aid and abet any third party (whether a government or the AU Commission or any other international officials to violate the immunities and privileges of Afcone or its staff in violation of the Host Government Agreement, the Treaty of Pelindaba and domestic legislation.”

Agboraw was working with the Russian government on the 2030 energy sustainability goals for South Africa and the rest of the continent at the time he received his marching orders from Laher.

Laher’s unprecedented move could reverse the continent’s energy achievements.

Unisa Professor Boitumelo Senokoane said Laher’s actions were “concerning and, at a diplomatic level, dangerous”.

“I have never heard that a Dirco official has treated a European diplomat in this fashion. One wonders why it happens to Africans in particular. It is common knowledge that Laher cannot fire the highest secretary of Afcone. South Africa is a host country and not a member state union. Whatever issues a single Dirco official may have with Afcone or it’s secretary-general, they would need to vent it at the AU, following, of course, the statutes and mandates of Afcone and the AU. As things stand, it is clear that Laher, independently or organisationally, has violated procedure,” Senokoane said.

Dirco spokesperson Chrispin Phiri said the department needed to be consistent when dealing with diplomatic issues.

“Minister Lamola has been briefed on the issue. Pursuant to the dismissal of Mr Enobot Agboraw by the African Union. The department is obliged to act in accordance with the host agreement and on the instructions of the AU as a member state,” Phiri added.

Questions to Laher, the Russian embassy and Agboraw were not answered at the time of going to print.

The Star