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Parliament’s Watchdog Launches Unprecedented Probe into Road Accident Fund, Judicial Collusion Alleged

Parliament’s Standing Committee on Public Accounts (Scopa) has initiated a sweeping five-week inquiry into the Road Accident Fund (RAF), with the investigation set to scrutinize explosive allegations of collusion between lawyers and members of the judiciary to lodge fraudulent claims.

The probe, which represents an unprecedented level of scrutiny for a single state entity, was analyzed by Themba Godi, the former long-serving Scopa chairperson and leader of the African People’s Convention. Godi, who led the committee for over 13 years, confirmed that while Scopa’s mandate is to examine state finances, the specific focus and duration of this investigation are highly unusual.

“From my 13 and a half years experience, I’ve never had such a lengthy period of time focusing on a single entity,” Godi stated. “Five weeks, I think, they are probably wasting time on one entity when they have over 200 entities to look at.”

The core of the inquiry involves shocking claims that judicial officers may be complicit in corrupt activities concerning RAF payouts. Godi described these allegations as “unprecedented in terms of the work of the committee” and acknowledged the complex constitutional terrain Scopa must now navigate due to the separation of powers doctrine.

He outlined the likely path of the investigation, noting that Scopa has the authority to subpoena individuals, including RAF officials and the lawyers involved. However, he expressed skepticism about the committee’s ability to directly interrogate the judiciary.

“I don’t see Scopa calling a judge for example to come and appear before it,” Godi said. Instead, he explained that if evidence gathered from officials and lawyers implicates the judiciary, Scopa would report its findings to Parliament. A separate process, potentially involving a commission for judges or parliamentary action for magistrates, would then be triggered.

Reflecting on the RAF’s long-standing troubles, Godi pointed to a fundamental political problem at the heart of the entity’s governance. He stated that the root cause lies in the ministerial appointment of the board, which in turn appoints the executive.

“The quality of the people that the minister appoints as board members is surely going to impact on the quality of the executive,” Godi said, adding that there has been a lack of political will to resolve the systemic issues. “RAF has always been a hotbed of maladministration, of corruption, of neglect, and even of very serious legislative lapses.”

The former chairperson also referenced recent instability at the fund, including the public “drama” and “spectacle” surrounding the suspension, and subsequent non-suspension, of its CEO, which he said disadvantages ordinary citizens.

As Scopa prepares to embark on this landmark investigation, the probe will test the limits of parliamentary oversight and its ability to address allegations that strike at the integrity of both a critical state fund and the justice system itself.