The organisation #UniteBehind has been granted permission by the court to join the proceedings in which five former board members of the Passenger Rail Agency of South Africa (Prasa) are challenging findings of corruption against them by the Zondo Commission of Inquiry into State Capture.

In ruling in favour of #UniteBehind, the Gauteng High Court, Johannesburg said the commuter activist organisation had demonstrated a direct and substantial interest in the review application of the five former board members.

Acting Judge Xenophon Stylianou added that given the importance of the subject matter of the review application, it would be in the public interest and the interests of justice that #UniteBehind be granted leave to intervene as a respondent.

The ex-board members want the court to review and set aside the findings and recommendations concerning Prasa as detailed in Part 5 Volume II of the Final Report of the State Capture Commission.

They are former Prasa chairperson Sfiso Buthelezi, Dr Bridgete Gasa-Toboti, the former chairperson of the board’s Finance, Capital Investment and Procurement (FCIP) Committee, Mmatebogo Nkoenyane, who served on the FCIP Committee, Nkosinathi Khena, who served on the audit and risk management committee (ARM), and Lucky Montana, former Prasa group chief executive.

The group will at a later stage argue that the report is reviewable on numerous grounds, including what they deem the selective application of the commission’s rules and regulations, “factual inaccuracies and disregard of the evidence”.

In its intervention application to be joined as a respondent, #UniteBehind, through Zackie Achmat, a well-known South African political activist, explained that their input in the matter is in the public interest. The five ex-board members meanwhile denied that the organisation has a direct and substantial interest in the review application.

#UniteBehind said its intention to join the main proceedings is to demonstrate to the review court that the relief sought in the review application is neither just nor equitable, that certain factual allegations made by the ex-board members in the review application are incorrect, and that the findings of the Commission’s report are correct and should withstand review.

It explained that its members use trains as a form of transport and that it has a direct interest in the effective and efficient management of Prasa and commuter rail. #UniteBehind cited a long-running track record in campaigns against Prasa in support of its case.

This includes a campaign to end corruption, maladministration, and malfeasance at Prasa under the name of #FixOurTrains, and it also assisted the Commission at the time by providing it with evidence.

In ruling in favour of #UniteBehind, the judge found that the objective of the organisation is to hold Prasa accountable to its constitutional and legislative mandates. Its interest in accountability and fighting corruption is specifically focused on rail commuters and Prasa through campaigns such as #FixOurTrains.

#UniteBehind published “PRASALeaks,” which sought to highlight findings from two reports (one by Treasury and another by Werksmans) which #UniteBehind said showed widespread corruption at Prasa.

The ex-board members meanwhile argued that the organisation should not be allowed to respond to or defend the decision of the Commission – something which it says will be a natural consequence of it being joined as a co-respondent. The respondents argue that #UniteBehind is not the decision maker and therefore is not entitled to intervene.

But Judge Stylianou said in his view #UniteBehind has demonstrated a direct and substantial interest in the review application and, given the importance of the subject matter of the review application, it would be in the public interest and the interests of justice that #UniteBehind be granted leave to intervene as a respondent.

zelda.venter@inl.co.za

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