Penuell Maduna

Last updated

Nompumelelo Maduna
​
(div. 2013)​
Penuell Maduna
Minister of Justice and Constitutional Development
In office
1999–2004
Occupation
  • Activist
  • politician
  • lawyer
  • businessman

Penuell Mpapa Maduna (born 29 December 1952) [1] is a South African politician and businessman. An anti-apartheid activist in his youth, Maduna was appointed to President Nelson Mandela's government in 1994. Thereafter he served as Minister of Mineral and Energy Affairs and, between 1999 and 2004, as Minister of Justice and Constitutional Development. Holding a doctorate of law from Unisa, [2] he was also a long-time legal adviser to his party, the African National Congress, which he represented during the negotiations to end apartheid.

Contents

His term as Justice Minister, under President Thabo Mbeki, was blighted by controversy arising from prosecutorial investigations into Deputy President Jacob Zuma on corruption charges. Maduna resigned from politics in 2004 and is now a businessman.

Life and career

Early life

Born in Johannesburg on 29 December 1952, [1] Maduna grew up in Rockville, Soweto. [3] His mother and grandmother were both domestic workers, and the latter was a member of the African National Congress (ANC). [3] While at the University of Zululand, he occupied leadership positions in the South African Students' Organisation, [4] and he has cited Black Consciousness figures as influential for him during this period. [3] He was detained and charged in the aftermath of the 1976 Soweto uprising, and, once released, spent the 1980s in exile with the ANC, which was banned inside South Africa at the time. [1] [4]

Political career

Maduna's exile included spells in Maputo, Mozambique, where he lived with Albie Sachs; in New York; and at the ANC headquarters in Lusaka, Zambia. [3] In Lusaka, he was a founding member of the ANC's Constitutional Committee, [5] and he attended many of the ANC's early consultative meetings with white South African business and civil society representatives. [6] After the ANC was unbanned in 1990, he became part of the ANC's delegation during the formal negotiations to end apartheid. [2] [4] In 1991, he was elected to the National Executive Committee of the ANC, and he was re-elected in that capacity until the 2007 Polokwane conference.

When the ANC won South Africa's first democratic elections, he was appointed Deputy Minister of Home Affairs under President Nelson Mandela. [7] In 1996, when the departure of the National Party from the transitional Government of National Unity occasioned a cabinet reshuffle, he was elevated to Ministry of Mineral and Energy Affairs. [8] In 1999, newly elected President Thabo Mbeki appointed him Minister of Justice and Constitutional Development. [9] He served in that office for a single term, resigning from the cabinet and from politics after the 2004 elections. [1]

Career in business

After his retirement from politics, Maduna's first significant venture was as chairperson and part-owner of Tshwarisano, a consortium which acquired 25% of petrochemicals company Sasol in a R1.45-billion black economic empowerment deal. [10] [11] [12] He has since become chairperson of SAB Zenzele, a black economic empowerment partner of South African Breweries. [13] [14] He has also held senior positions at law firm Bowman Gilfillan (including the vice chairmanship), [15] and business interests in platinum mining, property, and banking. [16]

Personal life

Until 2013 he was married to businesswoman Nompumelelo Maduna, with whom he has two adult children. [15] [17]

Controversies

Dispute with Auditor-General

In June 1997, Maduna claimed in Parliament that the Auditor-General, Henry Kluever, had covered up R170-million in theft at the Strategic Fuel Fund. [18] [19] [20] The Public Protector, Selby Baqwa, subsequently found that by making this claim Maduna had "violated the spirit of the Constitution," [21] and he recommended that disciplinary action should be taken against Maduna. [22] A specially appointed parliamentary committee also found that Maduna's conduct had been unparliamentary and had violated parliamentary rules. [21]

Spying allegations

In October 1997, Maduna was one of several ANC politicians whom opposition MP Patricia de Lille publicly accused of having spied for the apartheid government. [23] She repeated the accusation – which Maduna denied – in later years. [24]

Investigation of Jacob Zuma

In 2003, Maduna became embroiled in controversy around the National Prosecuting Authority (NPA), then led by Bulelani Ngcuka and overseen by Maduna's ministry. Amid NPA investigations into Arms Deal corruption by ANC politicians, including Deputy President Jacob Zuma, Zuma allies accused Maduna and Ngcuka of pursuing politically motivated prosecutions. [24] ANC donor and mining magnate Brett Kebble also made various allegations against Maduna. [24] The terms of reference of the Hefer Commission, a judicial commission of inquiry into allegations against Ngcuka, were extended to investigate whether Maduna had abused his powers at the NPA, [25] and Maduna announced shortly afterwards that he intended to step down after the 2004 elections. [24] The Hefer Commission did not ultimately investigate Maduna, [26] but Maduna continued to defend Ngcuka against misconduct allegations by Zuma, leading to a highly public spat with the Public Protector Lawrence Mushwana. [27] [28]

See also

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References

  1. 1 2 3 4 "Penuell Maduna". Our Constitution. The Constitution Hill Trust. Retrieved 8 January 2022.
  2. 1 2 "Penuell Mpapa Maduna, Minister of Justice of South Africa, elected President of Tenth United Nations Crime Congress". United Nations. 10 April 2000.
  3. 1 2 3 4 "Interview with Penuell Maduna". Constitutional Court Trust Oral History Project. Historical Papers, Wits University. 3 February 2012. Retrieved 8 January 2022.
  4. 1 2 3 O'Malley, Padraig. "Maduna, Penuell Mpapa". The O'Malley Archives. Nelson Mandela Foundation. Retrieved 8 January 2022.
  5. ↑ February, Judith (16 December 2020). "A Constitution is a transformative and progressive instrument for change". Daily Maverick. Retrieved 8 January 2022.
  6. ↑ Savage, Michael (2014). Trekking Outward: A Chronology of Meetings Between South Africans and the ANC in Exile, 1983-2000 (PDF). University of Cape Town.
  7. ↑ "Glance At Mandela's Cabinet". AP News. 11 May 1994. Retrieved 8 January 2022.
  8. ↑ "Mandela Revamps Cabinet in South Africa". Los Angeles Times. 14 May 1996. Retrieved 8 January 2022.
  9. ↑ McGreal, Chris (18 June 1999). "Mbeki doubles women in cabinet". the Guardian. Retrieved 8 January 2022.
  10. ↑ "Maduna to oil Sasol's wheels". Fin24. 9 May 2004. Retrieved 8 January 2022.
  11. ↑ "Sasol concludes R1,45bn BEE deal". The Mail & Guardian. 30 June 2006. Retrieved 8 January 2022.
  12. ↑ "Sasol unveils R1.4bn empowerment deal". IOL. 23 September 2005. Retrieved 8 January 2022.
  13. ↑ Wilson, Nick (9 May 2021). "Maduna toasts recovery as SAB launches Zenzele 2.0". Business Day. Retrieved 8 January 2022.
  14. ↑ Mashego, Penelope (4 May 2021). "Battle brews between unhappy shareholders and SAB as it prepares its B-BBEE scheme listing" . Fin24. Retrieved 8 January 2022.
  15. 1 2 Laganparsad, Monica (24 July 2016). "Former ANC heavyweight Penuell Maduna in legal battle with ex-wife over multimillion-rand BEE deal". Sunday Times. Retrieved 8 January 2022.
  16. ↑ "Penuell Maduna has a taste for business". IOL. 10 August 2006. Retrieved 8 January 2022.
  17. ↑ Malatji, Ngwako (22 July 2020). "New twist to Maduna's war with ex". Sunday World. Retrieved 8 January 2022.
  18. ↑ Soggot, Mungo (3 July 1998). "Maduna hits back at AG". The Mail & Guardian. Retrieved 8 January 2022.
  19. ↑ Soggot, Mungo (24 April 1998). "Probe Outstrips Baqwa's Budget". Mail & Guardian. Retrieved 8 January 2022.
  20. ↑ "NP to table motion of censure against Maduna". Department of Justice. SAPA. 13 August 1997. Retrieved 8 January 2022.
  21. 1 2 Venter, Albert (1 January 2003). "The Auditor-General and the minister : exoneration or condemnation? A comment on the 'Maduna Affair'". Politeia. 22 (2): 5–24. hdl:10520/EJC88094.
  22. ↑ "Fireworks in Kluever, Maduna dispute". News24. 24 October 2000. Retrieved 8 January 2022.
  23. ↑ Laurence, Patrick (24 October 1997). "Six members of ANC accused of spying". The Irish Times. Retrieved 8 January 2022.
  24. 1 2 3 4 Terreblanche, Christelle (12 October 2003). "Penuell Maduna throws in the towel". IOL. Retrieved 8 March 2018.
  25. ↑ "Hefer not into Maduna's powers". News24. 13 October 2003. Retrieved 8 January 2022.
  26. ↑ Hefer, Joos (7 January 2004). First and final report of the commission of inquiry into allegations of spying against the National Director of Public Prosecutions, Mr BT Ngcuka (PDF). Pretoria: Department of Justice.
  27. ↑ "Public protector a 'liar' and 'sad case'". The Mail & Guardian. 30 May 2004. Retrieved 3 December 2021.
  28. ↑ "Ngcuka-Mushwana 'war' rages on". News24. 1 June 2004. Retrieved 3 December 2021.
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