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"contents": "<span style=\"color: #000000;\"><span style=\"font-family: Georgia, serif;\"><span style=\"font-size: large;\"><i>First published by <a href=\"https://www.groundup.org.za/article/minister-gifts-watsons-and-wind-farm/\">GroundUp</a></i></span></span></span>\r\n\r\n<span style=\"color: #000000;\"><span style=\"font-family: Georgia, serif;\"><span style=\"font-size: large;\">Nomvula Mokonyane has a history of a direct relationship with the eldest of the four brothers, Gavin Watson, and also, at the very least, a tangential relationship with the “wind farm branch” of the family: two of the younger brothers, Ronald (Ronnie) and Valence, and Valence’s son Jared.</span></span></span>\r\n\r\n<span style=\"color: #000000;\"><span style=\"font-family: Georgia, serif;\"><span style=\"font-size: large;\">The Inyanda-Roodeplaat Wind Energy Facility is a wind farm project that they want to build on the top of a mountain in an area of critical biodiversity and environmental sensitivity some 50km north-west of Port Elizabeth.</span></span></span>\r\n\r\n<span style=\"color: #000000;\"><span style=\"font-family: Georgia, serif;\"><span style=\"font-size: large;\">The 187.2 MW project is being developed by Inyanda Energy Projects (Pty) Ltd, a company established in July 2012. Three of its four active directors are Ronnie, Valence and Jared Watson. (The fourth director is Tandy Ronell Snead.) The properties where Inyanda wants to construct the wind farm are owned by Laidback Investments (Pty) Ltd and O’Feh Investments (Pty) Ltd, both companies are represented by director Ronnie Watson.</span></span></span>\r\n\r\n<span style=\"color: #000000;\"><span style=\"font-family: Georgia, serif;\"><span style=\"font-size: large;\">The plan is for 47 turbines, each 85m high and with 130m diameter blades, on top of the Groot Winterhoek mountain ridge at an altitude of about 1,000m. It would be situated on 21 parcels of land totalling some 12,200ha, between three portions of Groendal Nature Reserve.</span></span></span>\r\n\r\n<span style=\"color: #000000;\"><span style=\"font-family: Georgia, serif;\"><span style=\"font-size: large;\">Groendal is a provincial nature reserve, and the surrounding Groendal Wilderness Area is protected under the National Forestry Act.</span></span></span>\r\n\r\n<span style=\"color: #000000;\"><span style=\"font-family: Georgia, serif;\"><span style=\"font-size: large;\">The project proposal drew strong objections from, among others, the Eastern Cape Parks & Tourism Agency, the Eastern Cape’s Department of Economic Development, Environment & Tourism, BirdLife South Africa, Wilderness Foundation Africa, and the Elands River Conservancy.</span></span></span>\r\n\r\n<span style=\"color: #000000;\"><span style=\"font-family: Georgia, serif;\"><span style=\"font-size: large;\">But the wind farm received the environmental go-ahead from the national Department of Environmental Affairs (DEA) in April last year.</span></span></span>\r\n\r\n<span style=\"color: #000000;\"><span style=\"font-family: Georgia, serif;\"><span style=\"font-size: large;\">This decision is now under appeal.</span></span></span>\r\n\r\n<span style=\"color: #000000;\"><span style=\"font-family: Georgia, serif;\"><span style=\"font-size: large;\">Appeals against environmental approval made by the department are adjudicated by the Minister of Environmental Affairs. An appeals site visit had been on the cards for mid-September last year. However, it was postponed, and then minister Edna Molewa, who would have adjudicated the appeals, died suddenly on 22 September. The site visit was eventually held in the first week of November, led by the department’s acting director of appeals.</span></span></span>\r\n\r\n<span style=\"color: #000000;\"><span style=\"font-family: Georgia, serif;\"><span style=\"font-size: large;\">Mokonyane took up the environmental cabinet post on 22 November. A former Minister of Water and Sanitation in President Zuma’s administration and – very briefly – Minister of Communication under President Cyril Ramaphosa in January 2018, Mokonyane served as Premier of Gauteng between 2009 and 2014. She has some previous experience of environmental issues, having also served as Gauteng MEC for Agriculture, Conservation and Environment between 1996 and 1999.</span></span></span>\r\n\r\n<span style=\"color: #000000;\"><span style=\"font-family: Georgia, serif;\"><span style=\"font-size: large;\">Mokonyane should be preparing to consider the appeals. But she may be facing a significant conflict of interest that should disqualify her from making any appeal decision.</span></span></span>\r\n\r\n<span style=\"color: #000000;\"><span style=\"font-family: Georgia, serif;\"><span style=\"font-size: large;\"><b>The Bosasa story</b></span></span></span>\r\n\r\n<span style=\"color: #000000;\"><span style=\"font-family: Georgia, serif;\"><span style=\"font-size: large;\">The origins of Bosasa Supply Chain Management lie in a company initially called Emafini that later became Meritum Hostels in 1985. In 1996, it was awarded the contract to run the newly established Lindela Repatriation Centre in Krugersdorp.</span></span></span>\r\n\r\n<span style=\"color: #000000;\"><span style=\"font-family: Georgia, serif;\"><span style=\"font-size: large;\">Around the same time, Meritum Hostels offered a black economic empowerment share in the company to a group of 12 senior ANC Women’s League members, who took up the offer through the creation of the Dyambu Trust, of which Mokonyane was one of two trustees. The company was renamed Dyambu Operations with Gavin Watson as its chief executive. The trust’s operating arm was called Dyambu Holdings, which held a 10% share in Dyambu Operations.</span></span></span>\r\n\r\n<span style=\"color: #000000;\"><span style=\"font-family: Georgia, serif;\"><span style=\"font-size: large;\">In August 2000, Watson bought out Dyambu Holdings’ share – represented by Hilda Ndude – for R5.5-million, and the company was renamed Bosasa Operations. By the time it acquired its first major prisons contract for catering in 2004, the ANC Women’s League no longer had any direct financial interest in it; it was fully</span></span></span><a href=\"https://mg.co.za/article/2009-11-20-prisons-graft-bosasas-empire-of-influence\"><span style=\"color: #000000;\"><span style=\"font-family: Georgia, serif;\"><span style=\"font-size: large;\"> owned</span></span></span></a><span style=\"color: #000000;\"><span style=\"font-family: Georgia, serif;\"><span style=\"font-size: large;\"> by a Watson family trust (26%), Bosasa directors Carol Mkele (33,3%) and Joe Gumede (18,5%), and the Bosasa Employees Trust (22,2%).</span></span></span>\r\n\r\n<span style=\"color: #000000;\"><span style=\"font-family: Georgia, serif;\"><span style=\"font-size: large;\">Bosasa, which later became Bosasa Supply Chain Management and then changed its name again in 2017 to African Global Operations (now in liquidation), came under the spotlight at the Zondo Commission in January, where testimony about systemic corruption of politicians and state officials by Bosasa included allegations of impropriety against Mokonyane.</span></span></span>\r\n\r\n<span style=\"color: #000000;\"><span style=\"font-family: Georgia, serif;\"><span style=\"font-size: large;\">In particular, former chief operating officer Angelo Agrizzi testified that Bosasa had given Mokonyane</span></span></span><a href=\"https://www.timeslive.co.za/politics/2019-01-22-lift-seven-jaw-dropping-allegations-made-by-angelo-agrizzi-about-nomvula-mokonyane/\"><span style=\"color: #000000;\"><span style=\"font-family: Georgia, serif;\"><span style=\"font-size: large;\"> gifts and favours</span></span></span></a><span style=\"color: #000000;\"><span style=\"font-family: Georgia, serif;\"><span style=\"font-size: large;\"> over several years – including R50 000 a month, huge quantities of Christmas drinks and groceries, and catering for ANC rallies she was involved in. He claimed the gifts were intended to facilitate her help in protecting the company from law enforcement agencies.</span></span></span>\r\n\r\n<span style=\"color: #000000;\"><span style=\"font-family: Georgia, serif;\"><span style=\"font-size: large;\">Another Bosasa employee, Richard le Roux, said in his statement to the Zondo Commission that he had been tasked by Gavin Watson to do maintenance work and installing a Bosasa-funded security system at Mokonyane’s house. “I was specifically instructed by Mr Watson and [others]… not to disclose the installations or the work done,” he said.</span></span></span>\r\n\r\n<span style=\"color: #000000;\"><span style=\"font-family: Georgia, serif;\"><span style=\"font-size: large;\">Witnesses whom Le Roux suggested could be called to support his testimony included “Mrs Sandy the Personal Assistant to the Minister Nomvula Mokonyane, who will attest that I would be called out at all times of the day”.</span></span></span>\r\n\r\n<span style=\"color: #000000;\"><span style=\"font-family: Georgia, serif;\"><span style=\"font-size: large;\">Mokonyane has not yet had an opportunity to formally respond to any of the allegations made against her at the Commission, and she</span></span></span><a href=\"https://cdn.24.co.za/files/Cms/General/d/8400/6f4c29aa7384474082fecda4df1f2f4f.pdf\"><span style=\"color: #000000;\"><span style=\"font-family: Georgia, serif;\"><span style=\"font-size: large;\"> complained</span></span></span></a><span style=\"color: #000000;\"><span style=\"font-family: Georgia, serif;\"><span style=\"font-size: large;\"> through her lawyers that her constitutional rights had been breached in this regard.</span></span></span>\r\n\r\n<span style=\"color: #000000;\"><span style=\"font-family: Georgia, serif;\"><span style=\"font-size: large;\">Gavin Watson is not a director of any of the companies involved in the Inyanda-Roodeplaat project, and Ronnie, Valence and Jared Watson are not directors of Bosasa. However, the last three all featured in testimony about Bosasa both by Agrizzi and his one-time colleague, former chief financial officer Andries Van Tonder.</span></span></span>\r\n\r\n<span style=\"color: #000000;\"><span style=\"font-family: Georgia, serif;\"><span style=\"font-size: large;\">Van Tonder referred to the 2007 investigation by the Special Investigations Unit (SIU) into four tenders awarded to Bosasa by the Department of Correctional Services, worth more than R1.5bn. “When the SIU investigation commenced, a meeting was held with Ronnie Watson, Valence Watson, Gavin Watson, Angelo Agrizzi, where we were told that a ‘pact’ was formed and no-one must break the ‘pact’ or testify against one another. We were told that the Watson’s [sic] had it all under control and had access to both the Hawks and the National Prosecuting Authority,” his statement reads.</span></span></span>\r\n\r\n<span style=\"color: #000000;\"><span style=\"font-family: Georgia, serif;\"><span style=\"font-size: large;\">Van Tonder also testified that after Agrizzi released a media statement in August last year about his intention to blow the whistle on Bosasa and Gavin Watson, he had received a phone call from Valence Watson asking him to help change Agrizzi’s mind.</span></span></span>\r\n\r\n<span style=\"color: #000000;\">“<span style=\"font-family: Georgia, serif;\"><span style=\"font-size: large;\">The calls from Valence Watson continued over time…</span></span></span>\r\n\r\n<span style=\"color: #000000;\">“<span style=\"font-family: Georgia, serif;\"><span style=\"font-size: large;\">On the request from Watsons, we held meetings at Angelo Agrizzi’s house which were attended by Angelo Agrizzi, myself, Brian Biebuyck, Ronnie Watson, Valence Watson, Jared Watson… Jared Watson begged me on numerous occasions to meet with him.”</span></span></span>\r\n\r\n<span style=\"color: #000000;\"><span style=\"font-family: Georgia, serif;\"><span style=\"font-size: large;\">Biebuyck was the Watson family lawyer.</span></span></span>\r\n\r\n<span style=\"color: #000000;\"><span style=\"font-family: Georgia, serif;\"><span style=\"font-size: large;\">Agrizzi also testified that on 23 August last year, Ronnie Watson, Valence Watson, Jared Watson and Biebuyck had arrived at his home.</span></span></span>\r\n\r\n<span style=\"color: #000000;\">“<span style=\"font-family: Georgia, serif;\"><span style=\"font-size: large;\">And basically they said that they had confronted Gavin Watson who … denied absolutely everything. But they said that they were mandated by Gavin Watson to make an offer to me to market their property called Royalston Estate. It is a wildlife residential resort in Port Elizabeth that they wanted me … to get involved with. Quite simply they said… I must start a business and they would fund it. I refused it point blank.”</span></span></span>\r\n\r\n<span style=\"color: #000000;\"><span style=\"font-family: Georgia, serif;\"><span style=\"font-size: large;\">The commission heard that a draft legal agreement to secure Agrizzi’s silence was drawn up that was to be kept “strictly confidential”. It included provision for an “Oversight Committee” whose members were Valence Watson, Ronnie Watson and Biebuyck.</span></span></span>\r\n\r\n<span style=\"color: #000000;\"><span style=\"font-family: Georgia, serif;\"><span style=\"font-size: large;\">Agrizzi told the commission about expensive gifts presented by Bosasa to a</span></span></span><a href=\"https://mg.co.za/article/2009-11-20-prisons-graft-bosasas-empire-of-influence\"><span style=\"color: #000000;\"><span style=\"font-family: Georgia, serif;\"><span style=\"font-size: large;\"> business partner</span></span></span></a><span style=\"color: #000000;\"><span style=\"font-family: Georgia, serif;\"><span style=\"font-size: large;\"> of Valence Watson, Siviwe Mapisa, the one-time head of security at the SA Post Office where Bosasa had also secured a tender and who is also the brother of former Correctional Services Minister Nosiviwe Mapisa-Nqakula.</span></span></span>\r\n\r\n<span style=\"color: #000000;\"><span style=\"font-family: Georgia, serif;\"><span style=\"font-size: large;\">Agrizzi told the commission that Mapisa would go hunting on Ronnie Watson’s game farm in the Eastern Cape “and we (Bosasa) would transport the meat”.</span></span></span>\r\n\r\n<span style=\"color: #000000;\"><span style=\"font-family: Georgia, serif;\"><span style=\"font-size: large;\">None of the Watsons has yet responded publicly to any of this evidence.</span></span></span>\r\n<h2 class=\"western\"><span style=\"color: #000000;\"><span style=\"font-family: Georgia, serif;\"><span style=\"font-size: large;\"><b>No conflict of interest, says minister’s office</b></span></span></span></h2>\r\n<span style=\"color: #000000;\"><span style=\"font-family: Georgia, serif;\"><span style=\"font-size: large;\">Gavin Watson is not a director of the wind farm project, but there is an argument to be made that Mokonyane has been placed in a difficult and compromised position by the damning (though as yet unanswered) testimony at the Zondo commission, concerning both her alleged personal benefit from Bosasa and the Watsons’ close family ties that drew all four brothers into the Bosasa drama. (The youngest of the four, Daniel “Cheeky” Watson, was also named during Agrizzi’s testimony.) This argument holds that the minister should not adjudicate the Inyanda-Roodeplaat appeals, at least until – and if – she’s able to clear her name.</span></span></span>\r\n\r\n<span style=\"color: #000000;\"><span style=\"font-family: Georgia, serif;\"><span style=\"font-size: large;\">Mokonyane has indicated through her spokesperson Mlimandlela Ndamase that she will not withdraw from the adjudication process.</span></span></span>\r\n\r\n<span style=\"color: #000000;\">“<span style=\"font-family: Georgia, serif;\"><span style=\"font-size: large;\">The Minister exercises her powers in line with law and processes of the department. This power is not exercised in isolation from the above,” Ndamase said in response to questions by <i>GroundUp</i>.</span></span></span>\r\n\r\n<span style=\"color: #000000;\">“<span style=\"font-family: Georgia, serif;\"><span style=\"font-size: large;\">There is no conflict of interest that arises in the above matter as the department must apply its regulations and legal prescripts to all appeals without prejudice based on directors and or owners of companies involved in the appeal processes. The minister acts and exercises her powers within the parameters of such processes.”</span></span></span>\r\n\r\n<span style=\"color: #000000;\"><span style=\"font-family: Georgia, serif;\"><span style=\"font-size: large;\">Ndamase did not say when Mokonyane planned to make her decision.</span></span></span>\r\n\r\n<span style=\"color: #000000;\"><span style=\"font-family: Georgia, serif;\"><span style=\"font-size: large;\">Constitutional expert Professor Pierre de Vos of UCT believes that the minister is in an untenable position.</span></span></span>\r\n\r\n<span style=\"color: #000000;\"><span style=\"font-family: Georgia, serif;\"><span style=\"font-size: large;\">Asked by <i>GroundUp </i>to comment, De Vos said the Zondo Commission testimony had created a “reasonable apprehension of bias” on the part of Mokonyane.</span></span></span>\r\n\r\n<span style=\"color: #000000;\">“<span style=\"font-family: Georgia, serif;\"><span style=\"font-size: large;\">It’s about perception. There would be a problem with her making the decision and it could be challenged. Although it depends on the facts, there is a strong argument to be made against her and it would be better for her to recuse herself to avoid the possibility of a legal challenge,” he said.</span></span></span>\r\n\r\n<span style=\"color: #000000;\"><span style=\"font-family: Georgia, serif;\"><span style=\"font-size: large;\"><i>GroundUp</i> invited the three Watsons who are directors of Inyanda Energy Projects to comment, through their lawyers Rushmere & Noach. On Tuesday Rushmere & Noach director Steve Gough responded: “It would be presumptuous of my clients to opine on what the minister should or shouldn’t do with regard to the appeal. They also have no on the record comments regarding what may or may not have been said about them by Agrizzi at the Zondo Commission.” <u><b>DM</b></u></span></span></span>",
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