Seven years of holding activist groups accountable at Plaza

In 2017, rail activist group #UniteBehind began speaking out against corruption at the South African Passenger Rail Authority (Prasa). Seven years later, the organization's founder, Zacky Akhmat, said he will continue fighting for accountability for the destruction of passenger rail service.

#UniteBehind is currently engaged in legal battles with various people and entities accused of involvement in large-scale corruption and mismanagement at the state-owned railway that led to the collapse of the service.

read:
Prasa had a culture of firing “problem” employees.
Prasa's fraud and maladministration go back a long way
Prasa and Transport Minister appear in court

This summarizes the current situation.

Sfiso Buthelezi

Sfiso Buthelezi served as Chairman of the Prasa Board of Directors from 2009 to 2014. #UniteBehind accuses him of enabling and benefiting from corrupt contracts during his time as board chairman, including the infamous Suifanbo high-rise train deal.

In late 2022, #UniteBehind formally charged six ANC MPs, including Buthelezi, with facilitating the fall of Prasa's government.

In April 2023, #UniteBehind took Congress' Ethics Committee to court for failing to respond to complaints.

Mr Ahmat said Parliament had responded to the complaint by saying it could not investigate corruption allegations that occurred outside Mr Buthelezi's tenure as an MP.

The case against the Ethics Commission includes those against former transport minister Fikile Mbalula, former mineral resources minister Mosebenge Zwane and former parliamentary transport committee chairperson Dikeledi Magaji, which were dismissed by parliament on similar grounds. Other complaints are also included.

#UniteBehind is not reviewing Parliament's decision to dismiss the charges against Mr Buthelezi, but it is reviewing the decision to dismiss the charges against Mr Mbalula, Mr Zwane and Mr Magaji.

Mr Buthelezi is also suing #UniteBehind and Mr Achmat for defamation and is seeking R5 million in damages. Ahmat accused Buthelezi of profiting from corrupt contracts in a radio interview last year. “We may apply to have this case removed from the register as it is an abuse of court process,” Ahmat said.

In his application, Buthelezi argued that Ahmat's statements were false and defamatory, noting that he had not been convicted in any court.

Dipuo Peters

In 2023, #UniteBehind lodged a complaint with Parliament about the conduct of ANC MP Dipuo Peters. Minister of Transport From 2013 to 2017. Peters is currently Deputy Minister of Small and Medium Enterprise Development.

Peters sacked the board, led by Popo Molefe, after revelations of R14-billion in improper spending, used Prasa buses for ANC events without guaranteeing payment, and when asked to do so. The company was accused of state-grabbing violations, including failing to appoint a CEO.

In October 2023, the Joint Committee on Parliamentary Ethics and Members' Interests found that Mr Peters breached the Code of Conduct while serving as Transport Minister.

Peters was sanctioned and suspended for one term. She challenged the decision in an emergency application in the Western Cape High Court in January. Her application was refused at her expense.

Ahmat said the decision to deny Peters' application and uphold his suspension was a landmark. “This is a story of responsibility and justice for the people who use and depend on the trains, and who are constantly late for work because the trains are not maintained.”

Ahmat welcomed the court's decision to uphold Peters' suspension, but said it was not enough.

Earlier this month, #UniteBehind wrote an urgent letter to President Cyril Ramaphosa, calling for Peters' removal. The president has until February 20, 2024, to make this decision.

Peters continues to deny any wrongdoing, calling the decision to suspend him from Congress unreasonable and unconstitutional.

Judge Nana Makhubele

In January 2019, #UniteBehind lodged a complaint with the Judicial Services Commission (JSC) about Judge Nana Makhubele's conduct.

The group accused Makhubele of violating the principle of separation of powers by appointing him as a judge while he was Prasa's interim director. #UniteBehind also accused her of halting her criminal and civil proceedings against companies and politicians accused of corruption at Prasa.

She faces further charges that during her time at Prasa, she sidelined her in-house legal team and advanced the company's interests by entering into a “secret” settlement agreement with Siyaya, a contractor involved in state capture.

Makhubele's court case has been going on for more than two years, delayed by disagreements over the basis of the case. At a previous meeting, Makhubele denied aiding and abetting state capture in Prasa while chairing the interim board. She also denied branding people who testified against her, including her boss, Gauteng judge Dunstan Mlambo, as liars.

The hearing will continue on February 22nd and 23rd.

Railway transfer

In October 2023, #UniteBehind launched a court bid to force Mr Prasa and Transport Minister Sindiswe Chikunga to enter into a Service Level Plan with the City of Cape Town. The plan will outline how Prasa and the City of Cape Town will develop safe, affordable and reliable rail services in the province under the Land Transport Act.

#UniteBehind says the legally enforceable service level plan will include a joint plan between Prasa and the city that includes setting goals and outcomes.

Plaza will manage and operate the commuter rail service, while the city will fulfill its legal oversight obligations, such as reviewing contracts and ensuring plan implementation.

#UniteBehind said the service level plan would be the first step in devolving some of the railway's powers and functions to the city.

Cape Town Mayor Jordyn Hill-Lewis also welcomed #UniteBehind's lawsuit.

Mr Ahmat said Mr Prasa and Mr Chikunga had used delaying tactics to block the case in court, but #UniteBehind was pushing for the matter to be heard in court this year.

Mr Chikunga told the media that there were “conditions” to the railway devolution that still needed to be resolved.

Defending the Zondo report

In late 2022, five Prasa officials involved in the Zondo Report Part 5, Volume 2 submitted papers reviewing the report's findings.

This includes former board chairman Sfiso Buthelezi, former CEO Lucky Montana, and three former directors, Nkosinati Kena, Mamatebogo Nkoenyane and Brigitte Gasa.

The three board members were involved in approving the irregular 2012 “large train” Suifanbo tender.

Mr Buthelezi withdrew the founding affidavit of the Prasa officials' lawsuit, insisting that Prasa was functioning properly while the Prasa officials were at the helm.

Mr Ahmat said #UniteBehind had applied to join the case on behalf of the Zondo Commission.

In Ahmat's founding affidavit, he said that a successful attempt by former Prasa officials to scrutinize the report's findings would threaten the “legitimacy and enforceability of the commission's findings.” He states that he is deaf.