‘Permit fixer’ Ronney Marhule – man who gave Guptas, Bushiri their residency gets off easy

Despite being found guilty of dishonesty and fired, the home affairs “permit fixer”, Ronney Marhule, – who illegally granted residency permits to “prophet” Shepherd Bushiri and many Gupta associates – appears to be getting on with his life.

The department has failed to say whether the former chief director for permitting has been criminally charged in the wake of his dismissal.

Willfully irregular and unlawful behaviour

Legal expert Ulrich Roux said Marhule was directly involved in the approval of the permanency application of the leader of the Enlightened Christian Gathering Church and his family – a recommendation that should have not been approved.

“In the absence of his due diligence to do proper checks on the fraudulent history of the Bushiri applications, Marhule was negligent in his decision to approve it,” Roux said.

“As a public official, he had an obligation to act in the best interests of the public and conduct himself in an honest manner.

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“Instead, he had wilfully engaged in irregular practices and unlawful decisions, which compromised ongoing extradition and legal processes in South Africa in respect of many fugitive persons.”

The department said Marhule had been dismissed after a disciplinary hearing had found him guilty of gross dishonesty, gross negligence and noncompliance with the Immigration Act.

It added Marhule had also been charged regarding permanent residence permits issued to Mohamed Afzal Motiwala and Fatima Ebrahim.

When the #GuptaLeaks broke, e-mails revealed his involvement in multiple appeals for assistance from Sahara CEO Ashu Chawla, when lesser civil servants turned down applications for work visas that didn’t comply with legislation.

They also showed Marhule handled applications from people declared undesirable for overstaying their permits after being approached by Chawla.

The relationship between Chawla and Marhule appeared to be particularly cosy. In an e-mail, Marhule asks Chawla (“my brother”) not to forget about him, referring to the Gupta-produced South African of the Year Awards.

An example must be made

But this was denied by Marhule at the time.

Legal expert Dr Llewellyn Curlewis said it was important that an example be made of Marhule, otherwise people, especially corrupt government employees, will see this kind of behaviour as acceptable with no harm to follow.

“He should be charged with anything relating to fraud, corruption and theft and definitely one or more statutory transgressions directly associated with immigration law,” Curlewis said.

However, when asked whether Marhule had been charged following the outcome of the hearing, home affairs spokesperson David Hlabane did not respond to calls or a WhatsApp text sent to him and which he had read.

Home Affairs Minister Aaron Motsoaledi’s spokesperson, Siya Qoza, and the National Prosecuting Authority (NPA) regional spokesperson, Phindi Mjonondwane, also did not comment on possible charges.

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Roux said according to Section 34 of the Prevention and Combat ing of Corrupt Activities Act, an obligation was placed on a person of authority to report any known or suspected fraud or corruption that involves R100 000 or more in such transactions.

Enough evidence to act

“If a person fails to report this, they will be found guilty of a criminal offence,” he said.

“If there is sufficient evidence that Marhule was aware that other employees had issued irregular permits and he had omitted to report such activity, he can be charged in terms of Section 34 of the Act.”

Organisation Undoing Tax Abuse CEO Wayne Duvenage said he hoped Marhule would be blacklisted in all government departments because often people fired in one department resurface in another.