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COPE is to refer issues surrounding lucrative contracts between companies of Communications Minster Gen. Nyanda and Government and/or some of its parastatals, to the public protector for further investigation.

Juli Kilian COPE MP and representative in the Communications Portfolio Committee, disclosed to Mail & Guardian this week that her party believes Gen Nyanda's business interests are in conflict with Sect 96 of the Constitution as well as sect 2 of the Executive Members' Ethics Act, no 82 of 1998.

In terms of the Constitution and the Act, members of the executive are prohibited to:
• undertake any other paid work
• expose themselves to any situation involving risk of conflict between their official responsibilities and their private interests,
• using their positions or any information entrusted to them, to enrich themselves or improperly benefit any other person
• Act in a way that may compromise the credibility or integrity of their office or the government.
COPE believes that Gen Nyanda is in breach of the act in respect of circumstances and elements surrounding contracts between his GNS Security Company and Transnet Freight Rail, and also other government departments. His declaration to Parliament and his excuses to the effect that he is no longer participating in the day to day running of the company is naïve to say the least, said Kilian. "The realities of political power mongering and high level influence wielded by individuals "close to the fire" such as Gen Nyanda indicate otherwise".

Fact of the matter is that he remains a direct financial beneficiary of profits derived form the contracts between his personal interests and government departments and parastatals(s).

Nyanda's near hysterical defense of Mr Siyabonga Gama whose alleged managerial malpractice set him up for disciplinary action by the Transnet Board, is widely regarded as a typical example of "&hellip..the man protesteth too much&hellip'

It is also a sad reality that the respected Minister of Public Enterprises, Ms Barbara Hogan has been visibly side lined. "She is clearly kept on a short reign by the ANC inner circle to the extent that her legal power and duty to clear up the mess and stop the rot has become of academic interest only " Kilian said.

Kilian said it is unfortunate that the ANC majority in Parliament would stifle open investigations into these alleged serious Constitutional transgressions, which compels her party to approach the Public Protector.

She confirmed that documents for a submission to the Public Protector are currently being prepared in terms of the Public Protector act 23 of 1994, as amended, and that these will be submitted in due course.