SCOPA presses former RAF CEO for firm commitment to appear before inquiry

Parliament’s Standing Committee on Public Accounts (SCOPA) has resolved to send a final letter to former Road Accident Fund (RAF) chief executive Collins Letsoalo (pictured), seeking a definitive undertaking that he will appear before the committee’s oversight inquiry into the RAF’s financial affairs.

SCOPA’s decision follows lengthy correspondence with Letsoalo, who has yet to confirm his attendance despite three previous requests from the committee. The inquiry, which focuses on financial management, losses, and alleged maladministration at the RAF, forms part of SCOP’s constitutional mandate to oversee the financial performance of public entities.

In a media statement released on 17 October, SCOPA said Letsoalo has repeatedly questioned the committee’s authority to conduct the inquiry, arguing that the Fund falls under the jurisdiction of the Portfolio Committee on Transport. SCOPA reaffirmed that its investigation “concerns financial management, financial losses, and related maladministration”, which fall squarely within its oversight powers in terms of the National Assembly’s rules and the Constitution.

During last week’s meeting, SCOPA chairperson Songezo Zibi explained that all current and former executives, board members, and the Minister and the Deputy Minister of Transport would be called to appear towards the end of the inquiry.

“That’s when we intend to have all the decision-makers before us,” he said. “It’s also for efficiency’s sake, so that we don’t call them repeatedly. This gives everyone an opportunity to prepare and respond to any allegations made during earlier sessions.”

Challenge to the committee’s powers

Zibi outlined three main themes from the correspondence between SCOPA and Letsoalo: the former CEO’s challenge to the committee’s powers, his requests for access to certain documents, and uncertainty about his availability to appear.

“The short version of it is the following,” said Zibi. “There’s been a consistent theme. The first is that the committee is acting outside its powers by conducting this kind of inquiry into the financial affairs of the Road Accident Fund. The second deals with documents that the former chief executive believes he is entitled to in order to prepare adequately. And the third issue is the issue of a date, which means, once he feels that he is ready to appear before the committee, then he will tell us on which date he is available.”

In his latest letter to SCOPA, Letsoalo indicated that he would keep 4 and 5 November open, while seeking legal advice. However, Parliament’s legal adviser, Fatima Ebrahim, cautioned that his response lacked clarity.

“The difficulty that we’ve had with the letters that we have received,” she said, “is that, on the one hand, Mr Letsoalo indicates that he wants to have his side of the story heard, that he’d like to prepare a statement. But on the other, he keeps insisting that he wants to do that with the appropriate forum.”

Ebrahim added this created “somewhat of a diluted commitment” because it was unclear whether Letsoalo was offering to appear before SCOPA or another committee. She advised that the next letter to Letsoalo should demand “an absolute firm commitment on the date on which he’s attending, and that that attendance is going to be to SCOPA for purposes of this specific oversight inquiry”.

In its media statement, SCOPA maintained it “has the necessary authority to conduct the oversight enquiry into the RAF”. Zibi reiterated that the inquiry was intended as “enhanced oversight” to assist the RAF with its turnaround strategy and improve delivery on its mandate.

Engagement with the Portfolio Committee on Transport

Zibi also addressed questions about the overlap between SCOPA’s inquiry and the mandate of the Portfolio Committee on Transport, which oversees the RAF. He said that even before SCOPA decided to hold an inquiry, he had personally met with the committee’s chairperson to discuss the matter.

“I took him through a rationale, the terms of reference, and so on. And he expressed his support. We also agreed that members of the Portfolio Committee on Transport are welcome to participate in the inquiry,” Zibi said.

Explaining the procedural steps, Zibi said the first point of consultation was the House Chair, who concurred with SCOPA’s approach after reviewing the rules. “The next was the chairperson of the Portfolio Committee on Transport. We met in the House Chair’s office. We went through correspondence together. We went through the terms of reference. I explained what process the committee intended to undertake. The chairperson of the Portfolio Committee on Transport raised no objection to me. Absent of that objection – and my belief that it is also his view following whatever advice he is entitled to take – he was comfortable that we undertake this process,” he said.

Zibi said, based on this engagement and participation, “I think then I would be correct in assuming that the view is that this committee has the authority.”

Access to documents

Responding to Letsoalo’s request for documents, Zibi assured the committee that all relevant materials in SCOPA’s possession would be shared with witnesses ahead of their appearance.

“We are not withholding any information,” he said. “Every document that the committee has, we can only respond to information that we have as a committee. When statements are distributed to members, witnesses will receive the same information in advance.”

He added that SCOPA has also asked the RAF to assist former employees, including those who had resigned or been suspended, in accessing information they might need to prepare for their testimony. “That’s all we can commit to,” Zibi said. “I don’t think we should entertain requests for information the committee simply does not have.”

Tight timelines and possible subpoena

Zibi told the committee that although SCOPA has tried to be flexible in scheduling appearances, it needed to finalise its report before the end of the year. “We have limited time,” he said. “We want to finalise this report this side of the year and table it to the National Assembly as soon as possible, so that it can be adopted.”

He cautioned that Letsoalo could not indefinitely delay his appearance. “What we cannot, I believe we should not, entertain, is a situation where a witness says, I want to look at the documents, and then I will tell you, once I am ready, when I will be available … and the witness tells us I need until March 2026 to consider these documents. Then I will tell you which date I will be available, which will be in June, because I’m busy; you don’t control my time.”

Zibi reminded members that the Special Investigating Unit has also struggled to obtain cooperation from the former CEO. “They’ve been looking for him since June last year,” he said. “It is now October of the following year, and they have not had a substantive conversation with him still.”

The committee agreed that Letsoalo should be informed that a subpoena remains an option if he fails to provide a firm commitment to appear.