Letsoalo rejects ‘unlawful’ SCOPA Inquiry as committee moves toward criminal charges

Former Road Accident Fund (RAF) CEO Collins Letsoalo has again insisted he will not appear before the Standing Committee on Public Accounts (SCOPA), dismissing its oversight inquiry as “unlawful” and saying committee chairperson Songezo Zibi may “open a case” if he wishes.

“I am not going to go to an unlawful process,” Letsoalo said after failing to attend the inquiry. 

“The reality is this: I'm not going to go through an unlawful process. I’ve never received a summons, by the way. My lawyers have asked for those summonses,” he said in an interview with SABC News on Tuesday.

When asked whether the issue related to him providing a postal address, he replied: “So what?”

Letsoalo argued that the committee should have served the summons directly on his legal team.

“It’s not for me. It’s for them to serve, not me. I’ve said my lawyers are there. Why don’t they serve them there? These are not summonses.”

He maintained that he would not participate in what he called an invalid process.

“This thing is void ab initio because of its unlawfulness. I am not participating in an unlawful process.”

Asked if he feared possible criminal charges for failing to comply, Letsoalo brushed off the concern.

“Let him go,” he said, referring to Zibi. 

“The fact that he’s opened a case does not mean there is a criminal charge. What criminal charge are you talking about? I’ve not even received summonses.”

Letsoalo said he had already provided two residential addresses where he could be properly served.

“They must serve them. They must not send them. I’ve given them the addresses.”

He denied claims that he had three addresses.

“Which three are different? I know about two. If they say they’ve gone to both addresses, they know that’s fine.”

He added that the RAF address was irrelevant.

“I don’t work for the RAF. Who says I still stay there?”

Letsoalo continued to insist the summons should have been delivered to his lawyer.

“My lawyers are there. They are saying: serve them on us. The reality is this.”

Scopa announced earlier this month that it had summoned Letsoalo to appear on November 25 and 26 as part of its inquiry into the RAF. 

After attempts to deliver the summons at his known addresses failed, Parliament resorted to substituted service: sending it via social media, email and affixing it to the door of his residence.

The Powers, Privileges and Immunities of Parliament and Provincial Legislatures Act empowers Parliament to compel testimony and documents. 

Failure to comply without a valid cause constitutes a criminal offence and may amount to contempt of Parliament.

On Tuesday, Letsoalo’s attorney issued a cease-and-desist letter, claiming SCOPA lacked the authority to conduct the inquiry - a position parliamentary officials dispute, saying the committee’s mandate is legally grounded.

SCOPA’s recommendation to pursue criminal charges now awaits endorsement from the Speaker of the National Assembly. 

If approved, the case could have significant implications for accountability and compliance with parliamentary summonses in the public sector.

IOL