Collins Letsoalo
Image: File Picture: Jeffrey Abrahams
Collins Letsoalo, the former CEO of the Road Accident Fund (RAF), was subpoenaed to appear before the parliamentary inquiry, but on Wednesday the Standing Committee on Public Accounts (Scopa) voted in favour of filing criminal charges against him after he failed to appear before the inquiry.
The ANC, DA, ActionSA and Rise Mzansi backed the laying of the charges against Letsoalo with eight votes against the three obtained by the EFF and the MK Party.
This came after Scopa discussed a letter from National Assembly Speaker Thoko Didiza, who was asked to give concurrence to the resolution taken by the committee at its last meeting.
Letsoalo gave the committee the middle finger when he was asked to voluntarily attend the parliamentary inquiry probing allegations of maladministration, financial improprieties, and misuse of public funds at the RAF.
He did not respond to a final letter of demand to appear after questioning the jurisdiction of Scopa.
Letsoalo could not be served summons at his last known address or when an electronic summons was served via text message, email and the parliamentary digital platforms.
In a letter to the committee, Didiza advised that the committee can re-issue the summons to secure Letsoalo’s attendance again.
She also said Scopa could alternatively lay the charges with the possible risk of prosecution not being successful due to the summons not being served on him personally.
Didiza highlighted the challenge in the drafting of the Powers, Privileges and Immunities of Parliament and Provincial Legislatures Act on serving of a summons.
“I do appreciate that this is a technical legal interpretation issue which has not been tested by our courts. I also appreciate that regardless of the same, a willing failure to appear before a committee of Parliament is an extremely serious matter which Parliament cannot condone or ignore," Didiza said in her letter.
She said she has requested the parliamentary legal services to conduct the review of the Act to ensure it was drafted in a manner that best gives effect to Parliament's right to summon any persons.
Didiza, however, indicated that the committee did not need her concurrence to lay the charges, however should they do so, they should seek assistance from Secretary to Parliament Xolile George.
ActionSA MP Alan Beesley said they should proceed to urgently lay the charges.
“The country is watching. There needs to be accountability for non-appearance before Parliament,” said Beesley.
ANC MP Helen Neale-May said Letsoalo failed to comply with a lawful summons and an example should be set.
“This is the seventh Parliament. It is not business as usual. We want to clean the government,” said Neale-May.
EFF MP Veronica Mente raised concerns about legal challenges and questioned the legal advice Scopa received from the parliamentary legal services and the process followed.
“He (Letsoalo) advanced reasons that prevented him from coming to Parliament. We ought not to be delinquent and act with emotions," Mente said.
She said the Sheriff of the court should be allowed to serve the summons and warned the MPs to be wary of their actions that may result in them being called delinquents.
“We all want Parliament to be respected but Parliament can't be respected when it breaks the law,” she added.
MK Party MP David Skosana raised an issue about creating the impression of targeting a particular person.
Skosana said summons should be re-issued and he warned about losing the court case if it was taken to the apex court.
“If we can, try to get hold of him. I don't think he is a fugitive,” he said.
ANC MP Gijimani Skosana said the court should be allowed to resolve the matter as there was no case law.
“This is a golden opportunity for a matter like this to be tested in a court of law,” said Skosana.
Scopa chairperson Songezo Zibi said the National Prosecution Authority and the court should not be second-guessed on whether they will prosecute and convict.
“It can't be possible for us to hope conviction will be guaranteed,” Zibi said, adding that they could not view the matter on the narrow technical legal risk raised by Didiza.
Zibi added that the matter was not a civil but a criminal matter.
“In court, it will not be Parliament versus Mr Letsoalo. It will be the state versus Mr Letsoalo,” he said.