The fight between Public Protector Thuli Madonsela and the security cluster is about much more than her provisional report into state expenditure at President Jacob Zuma’s private Nkandla homestead.
It signals the start of a new war between openness and accountability, on the one hand, and secrecy, cloaked in the garb of security, on the other. And it is clear that the Protection of State Information Bill – the so-called secrecy Bill – passed for the third time in the National Assembly this week, opens up a dangerous new front in that war.
Last Friday, Police Minister Nathi Mthethwa approached the Pretoria high court to interdict Madonsela from releasing the draft report, purportedly in a quest for more time.
In effect, though, he sought to block the release until the security cluster ministers were satisfied with the way she had accommodated their concerns about allegedly sensitive information.
What emerges starkly in the court papers is that the ministers believe any document that draws on classified information must itself be classified. In his founding affidavit, Mthethwa in effect threatened criminal sanction should Madonsela release an uncensored draft report to other “affected, implicated and interested parties” to obtain their responses.
Principle of secrecy
He warned: “Release of the provisional report to third parties … without prior authorisation of [the ministers] … is unlawful and carries … a criminal penalty.”
Mthethwa’s affidavit attached an earlier letter to Madonsela from Public Works Minister Thulas Nxesi, also on behalf of the defence, police and state security ministers.
Nxesi made the point explicitly: “As neither I, nor the ministers involved, have given the necessary permission to declassify the documentation relied upon by you in your provisional report, we deem it necessary to inform you that to release your provisional report without our authorisation would, in effect, result in … a contravention of section 4 of the National Key Points Act, 102 of 1980, and section 4 of the Protection of Information Act, 84 of 1982.”
Nowhere did Mthethwa refer to any specific contents of the draft report to justify the claim that the president’s security was at risk.
What really seems to be at stake is the principle of secrecy – and who gets to pronounce on it.
In her stinging reply, Madonsela said the ministers did not cite a “single fact” to illustrate how the president’s safety would be compromised by the disclosure of the draft report.
In his second affidavit, tabled on Thursday, Mthethwa sidestepped that challenge, claiming it was irrelevant to the request for more time.
In their reply, the ministers abandoned their interdict, citing the fact that Madonsela, in asking for the matter to be postponed until November 15, had in effect given them the extra time they asked for.
But it would be a mistake to see this as a final climb-down instead of a tactical retreat.
Further litigation to come?
In his second affidavit, Mthethwa foreshadows potential further litigation, stating: “It will be argued at an appropriate time, when the need arises, that the [public protector], not being an expert on matters of security, cannot be an arbiter on whether or not there exists a security breach from the contents of the provisional report … Should the respondent arrogate to herself that power to determine whether or not there is a breach of security arising from the contents of her provisional report, I am advised that she will in law be acting ultra vires her powers and the law.”
In short, ministers, not Madonsela, must decide whether the report breaches security.
Mthethwa adds: “The classified and top-secret information extracted by [the public protector] in her provisional report … is governed by the minimum information security standards, and it is those classified and top-secret documents and/or extracts that require the minister to authorise its further publication.”
Clearly, no authorisation has been granted. If Madonsela does not excise what they ask her to, there appears to be a real chance the security cluster will return to court.
The state security department itself accepts that apartheid-era laws the ministers rely on are probably unconstitutional, making the ministers’ attempt to exert their authority over Madonsela something of a reach.
That will change when the secrecy Bill is signed into law – which the president could do any day now.
Top secret
The new Act specifies that the state security minister will make regulations governing how chapter nine institutions – including the public protector and the auditor general – will be allowed to access and use classified information.
The push for a security curtain was echoed in the report of the Joint Standing Committee of Intelligence (JSCI), which released its Nkandla report on Thursday.
After the outcry over the expenditure – about R210-million – in November 2012, the public works minister appointed a government task team to investigate. Its report – classified as top secret – was delivered to Nxesi in January.
In June, the report was referred to the JSCI, which usually carries out oversight of the intelligence services.
An opinion from the parliamentary legal adviser recommended the JSCI restrict itself to matters to do with security oversight, redact sensitive information and then refer the report to the National Assembly.
The JSCI ignored this advice, endorsed the top-secret classification and even recommended that any new information uncovered should be referred back to the JSCI for consideration behind closed doors.
It notes: “Matters relating to the allocation of tenders … should be referred to the office of the auditor general for a full investigation … However, the JSCI believes that because of the classification aspects of the subject matter, the auditor general should report on this investigation to the JSCI.”
Of even more concern is how the JSCI parrots the ministers’ line in their interaction with Madonsela.
A sign of things to come
In a veiled reference to her, the JSCI notes: “Entities which have investigative powers … should not be inappropriately motivated … to launch into an investigation on a matter which has already been assigned to another entity. It is therefore recommended that the executive give urgent attention to this matter … so that unnecessary parallel investigations can be avoided.”
This was precisely the argument the ministers used to try to discourage Madonsela’s Nkandla investigation.
In a letter to Madonsela in April, the state attorney referred to her meeting with the ministers and noted: “The purpose … was to discuss with you our concerns regarding parallel investigations ...”
He said a draft proclamation for the Special Investigating Unit to take up the matter had already been sent to the president and a request for an Nkandla audit had been addressed to the auditor general. “Our clients, therefore, propose … that you hold your investigation in abeyance until the processes embarked upon have been completed.”
Madonsela said in her affidavit this week that the auditor general’s audit had not materialised, nor had the Special Investigating Unit yet been authorised to investigate.
Source: Mail & Guardian
Showing posts with label Thuli Madonsela. Show all posts
Showing posts with label Thuli Madonsela. Show all posts
Friday, November 15, 2013
Tuesday, November 12, 2013
Protecting our public protector: We need to defend the space for Thuli Madonsela to work without fear or favour
Durban - The public protector is under siege from many quarters and has had little vocal support from citizens whose interests she is tasked to protect. We need to play our role in defending the space for her to work without fear or favour.
Our political environment reminds me of Machiavelli’s words that: “There is nothing more difficult, nothing more doubtful of success than to initiate new ways of things. For the reformer has enemies in all those who profit from the old ways, and only lukewarm support from those who would profit from the new way. This lukewarmness arising partly from fear of their adversaries, and partly from the incredulity of mankind, who do not actually believe in anything until they have had experience of it.”
Change agents like our public protector are up against a political culture that has still to grow into the promise of freedom embedded in our constitution. Holding those in public office accountable is only possible if citizens demand it and support organs of state responsible for protecting the public interest.
The biggest challenge facing chapter nine institutions such as the public protector is the tolerance by citizens of the confusion deliberately created by the ANC between the state, the government, the governing party and the president. When ministers in the security cluster invoke the risks to “state security”, that the release of the public protector’s report on the upgrades of President Jacob Zuma’s Nkandla residence would entail, are they focusing on the “state” or the person of the “president”?
The state represents the “commonwealth” that belongs to all citizens. How can this commonwealth’s security be put at risk by the exposure of improprieties in the procurement processes regarding the expenditure of a significant amount of taxpayers’ money in excess of R200 million? How does exposure of the suggested presence of a cattle kraal worth an estimated R1.2m jeopardise the security of our commonwealth as citizens?
It is the concealment of wrongdoing in public procurement processes that is putting our commonwealth at risk. In my travels across the country in villages, townships, universities, workplaces and corporate offices, my fellow citizens point to corruption as the biggest threat to our future as a society.
They identify corruption as the reason we have not come far enough and fast enough in living out our aspirations as a society in the past 20 years. Disclosure is like sunshine that disinfects hidden wrongdoing and eradicates corruption.
Young people who comprise the largest segment of our population can shape the country’s future in next year’s elections. Yet many are not sure that registering and voting will have any impact on their future. A big part of their misgiving comes from their perception that the state, government, ANC and president are an unmovable corrupt monolith that is destroying the country. This misgiving represents the biggest risk to our democracy.
The fearless work of the public protector’s office is essential to restoring the hope in young people that no one is above the law and that citizens’ rights matter and will be protected.
Moreover, there was a worrying phenomenon among poor communities this past weekend. In some areas, people refused to register or to allow registration to take place in their areas until their demands are met. They, too, do not distinguish between the IEC, a chapter nine institution, and the government.
We must stand up and defend the space for the key institutions of our democracy to operate without fear or favour. It is a question of “for whom the bell tolls” – it tolls for all of us. Today it is the public protector, tomorrow it is the judiciary, then it will be citizens without the protection of those key institutions. By then, it will be too late to stand up.
We have been through similar moments in our history and must not return there. When I was banned and banished to Tzaneen, my lawyer was told it was not in the state’s interests to disclose why I had been banished to that area.
Are we again ready to tolerate threats to our democracy in the name of “state security” as defined by those determined to secure their positions in power? Are we willing to protect abuse of power and resources in order to protect those in public office?
We can stop abuse of power by those who should be serving us who instead focus on serving themselves. We must not shy away from raising our voices in protection of the public protector so she can do her work to secure the public interest. We have seen how her report on the IEC chairwoman’s impropriety in procuring the lease of property for IEC offices has been attacked on procedural grounds. Are we to condone wrongdoing in this and many other matters through political procedural stonewalling? Where will these stonewalling tactics end?
We have seen enough signs of the president’s lack of capacity to take responsibility for executive action at too many levels: the Schabir Shaik case, his rape trial, Guptagate etc.
His performance in Parliament where he trivialised accountability for Guptagate into a joke about it not being realistic for him to know who is landing at our airports was an embarrassment. Waterkloof is an airforce base that we have afforded him and authorised other officials to use – to serve us. It is not to be used to curry favour with his friends.
We need a strong public protector to keep the executive branch of the state accountable to citizens. We have to protect the public protector so she can continue to protect the “commonwealth” from those invoking “state security” to put our democracy at risk. We dare not fail.
Mamphela Ramphele
Source: The Mercury
Our political environment reminds me of Machiavelli’s words that: “There is nothing more difficult, nothing more doubtful of success than to initiate new ways of things. For the reformer has enemies in all those who profit from the old ways, and only lukewarm support from those who would profit from the new way. This lukewarmness arising partly from fear of their adversaries, and partly from the incredulity of mankind, who do not actually believe in anything until they have had experience of it.”
Change agents like our public protector are up against a political culture that has still to grow into the promise of freedom embedded in our constitution. Holding those in public office accountable is only possible if citizens demand it and support organs of state responsible for protecting the public interest.
The biggest challenge facing chapter nine institutions such as the public protector is the tolerance by citizens of the confusion deliberately created by the ANC between the state, the government, the governing party and the president. When ministers in the security cluster invoke the risks to “state security”, that the release of the public protector’s report on the upgrades of President Jacob Zuma’s Nkandla residence would entail, are they focusing on the “state” or the person of the “president”?
The state represents the “commonwealth” that belongs to all citizens. How can this commonwealth’s security be put at risk by the exposure of improprieties in the procurement processes regarding the expenditure of a significant amount of taxpayers’ money in excess of R200 million? How does exposure of the suggested presence of a cattle kraal worth an estimated R1.2m jeopardise the security of our commonwealth as citizens?
It is the concealment of wrongdoing in public procurement processes that is putting our commonwealth at risk. In my travels across the country in villages, townships, universities, workplaces and corporate offices, my fellow citizens point to corruption as the biggest threat to our future as a society.
They identify corruption as the reason we have not come far enough and fast enough in living out our aspirations as a society in the past 20 years. Disclosure is like sunshine that disinfects hidden wrongdoing and eradicates corruption.
Young people who comprise the largest segment of our population can shape the country’s future in next year’s elections. Yet many are not sure that registering and voting will have any impact on their future. A big part of their misgiving comes from their perception that the state, government, ANC and president are an unmovable corrupt monolith that is destroying the country. This misgiving represents the biggest risk to our democracy.
The fearless work of the public protector’s office is essential to restoring the hope in young people that no one is above the law and that citizens’ rights matter and will be protected.
Moreover, there was a worrying phenomenon among poor communities this past weekend. In some areas, people refused to register or to allow registration to take place in their areas until their demands are met. They, too, do not distinguish between the IEC, a chapter nine institution, and the government.
We must stand up and defend the space for the key institutions of our democracy to operate without fear or favour. It is a question of “for whom the bell tolls” – it tolls for all of us. Today it is the public protector, tomorrow it is the judiciary, then it will be citizens without the protection of those key institutions. By then, it will be too late to stand up.
We have been through similar moments in our history and must not return there. When I was banned and banished to Tzaneen, my lawyer was told it was not in the state’s interests to disclose why I had been banished to that area.
Are we again ready to tolerate threats to our democracy in the name of “state security” as defined by those determined to secure their positions in power? Are we willing to protect abuse of power and resources in order to protect those in public office?
We can stop abuse of power by those who should be serving us who instead focus on serving themselves. We must not shy away from raising our voices in protection of the public protector so she can do her work to secure the public interest. We have seen how her report on the IEC chairwoman’s impropriety in procuring the lease of property for IEC offices has been attacked on procedural grounds. Are we to condone wrongdoing in this and many other matters through political procedural stonewalling? Where will these stonewalling tactics end?
We have seen enough signs of the president’s lack of capacity to take responsibility for executive action at too many levels: the Schabir Shaik case, his rape trial, Guptagate etc.
His performance in Parliament where he trivialised accountability for Guptagate into a joke about it not being realistic for him to know who is landing at our airports was an embarrassment. Waterkloof is an airforce base that we have afforded him and authorised other officials to use – to serve us. It is not to be used to curry favour with his friends.
We need a strong public protector to keep the executive branch of the state accountable to citizens. We have to protect the public protector so she can continue to protect the “commonwealth” from those invoking “state security” to put our democracy at risk. We dare not fail.
Mamphela Ramphele
Source: The Mercury
Friday, December 7, 2012
Farm in Limpopo seized
A farm in Limpopo, which is part of an investigation into On-point Engineers, has been seized after the High Court in Pretoria granted a freezing order.
"The order [was granted on Wednesday and] was served this morning [Friday]," National Prosecuting Authority spokesman Makhosini Nkosi said in a statement.
It was served on Gwama Properties, which is registered as the owner of the Schuilkraal farm, and its sole director Lesiba Gwangwa.
The Asset Forfeiture Unit made the court application for the seizure of property based on an investigation by the Hawks and two independent reports into On-Point's activities.
The reports were compiled by Public Protector Thuli Madonsela and Price Waterhouse Coopers.
The court accepted the unit's submission that there were reasonable grounds to believe that the property was acquired with the proceeds of unlawful activities perpetrated against the department of roads and transport in Limpopo.
Gwangwa is also a director of On-point Engineers and faces charges related to tender fraud and corruption in the Polokwane Regional Court.
He previously appeared in court with axed ANC Youth League Julius Malema, who faces a charge of money-laundering and racketeering.
Several others, and four companies On-Point, Gwama Properties, Segwalo Engineering and Oceanside Trading were charged along with them. Gwangwa was released on R40,000 bail.
Court papers revealed that Malema allegedly benefited from corrupt activities amounting to R4 million and had "clear business ties" with Gwangwa.
The State charged that Gwangwa and three others misrepresented themselves to the Limpopo transport department, and a R52 million tender was awarded to On-Point.
Another R1 million gratification was paid for the securing of the tender.
Bid documents submitted by On-Point Engineers to the department contained several misrepresentations. Names given as executive and senior people at On-Point were for people not employed there. On-Point entered into secret agreements with service providers and in return received sums of money for these, the papers said.
Malema allegedly benefited from the tender by using it to fund a farm worth R3.9 million and to make a payment of R382,655 for a Mercedez Viano.
"...Most of the payments... were channelled through other entities... to pay for the farm," the charge sheet said.
It said R1 million was a part payment for a portion of the Schuilkraal farm by the Ratanang Trust.
Malema's Ratanang Family Trust was an indirect shareholder in On-Point and Gwama Properties, said court papers.
In October, Madonsela found that tenders awarded to On-Point were unlawful, and that the department did not follow proper guidelines in awarding them.
Source: The New Age
"The order [was granted on Wednesday and] was served this morning [Friday]," National Prosecuting Authority spokesman Makhosini Nkosi said in a statement.
It was served on Gwama Properties, which is registered as the owner of the Schuilkraal farm, and its sole director Lesiba Gwangwa.
The Asset Forfeiture Unit made the court application for the seizure of property based on an investigation by the Hawks and two independent reports into On-Point's activities.
The reports were compiled by Public Protector Thuli Madonsela and Price Waterhouse Coopers.
The court accepted the unit's submission that there were reasonable grounds to believe that the property was acquired with the proceeds of unlawful activities perpetrated against the department of roads and transport in Limpopo.
Gwangwa is also a director of On-point Engineers and faces charges related to tender fraud and corruption in the Polokwane Regional Court.
He previously appeared in court with axed ANC Youth League Julius Malema, who faces a charge of money-laundering and racketeering.
Several others, and four companies On-Point, Gwama Properties, Segwalo Engineering and Oceanside Trading were charged along with them. Gwangwa was released on R40,000 bail.
Court papers revealed that Malema allegedly benefited from corrupt activities amounting to R4 million and had "clear business ties" with Gwangwa.
The State charged that Gwangwa and three others misrepresented themselves to the Limpopo transport department, and a R52 million tender was awarded to On-Point.
Another R1 million gratification was paid for the securing of the tender.
Bid documents submitted by On-Point Engineers to the department contained several misrepresentations. Names given as executive and senior people at On-Point were for people not employed there. On-Point entered into secret agreements with service providers and in return received sums of money for these, the papers said.
Malema allegedly benefited from the tender by using it to fund a farm worth R3.9 million and to make a payment of R382,655 for a Mercedez Viano.
"...Most of the payments... were channelled through other entities... to pay for the farm," the charge sheet said.
It said R1 million was a part payment for a portion of the Schuilkraal farm by the Ratanang Trust.
Malema's Ratanang Family Trust was an indirect shareholder in On-Point and Gwama Properties, said court papers.
In October, Madonsela found that tenders awarded to On-Point were unlawful, and that the department did not follow proper guidelines in awarding them.
Source: The New Age
Friday, August 17, 2012
Ex-MEC ‘abused’ position to benefit Malema
Former Limpopo roads and transport MEC Pinky Kekana flouted the constitution and “abused” her position to “settle political scores” for the benefit of Julius Malema, says Public Protector Thuli Madonsela. According to the protector’s provisional report into the abuse of state power, Kekana had ordered an off-duty traffic officer to arrest Malema’s rival at the chaotic Limpopo elective conference in Makhado two years ago.
Former provincial ANC Youth League deputy secretary, Thandi Moraka, was arrested “unlawfully” on April 10, 2010. This was ostensibly for stealing conference documents even though criminal charges had not been laid against her. Acting on Kekana’s instruction, Takalani Sheriff Tshilongoane had arrested Moraka on the N1 north in Botlokwa, 60km north of Polokwane, Madonsela confirmed. He then drove her car “by force” back to Makhado, where she was briefly detained at the Mphephu police station. The court dismissed Moraka’s case after several appearances, prompting her to lodge a complaint with Madonsela. Titled “State Power-Political Games”, the provisional report said Kekana’s conduct was “improper” and amounted to “maladministration”.
“Kekana’s conduct amounted to maladministration, because she did not just report a crime, but abused her official position as MEC while attending a private, party political event to set state resources in her department in motion to settle a political score,” read part of the provisional report. Kekana has dismissed suggestions that she abused her power as “malicious”.
The arrest came after Moraka had left the politically-charged conference with documents after it degenerated into chaos, with rival supporters threatening, intimidating and swearing at each other. Police had also clashed with supporters of Malema’s arch-rival Lehlogonolo Masoga, firing rubber bullets and spraying them with a water cannon.
Kekana, who had attended the league’s conference in her capacity as Limpopo ANC deputy secretary, is an ally of Malema and Limpopo premier Cassel Mathale.
Source: IoL
Former provincial ANC Youth League deputy secretary, Thandi Moraka, was arrested “unlawfully” on April 10, 2010. This was ostensibly for stealing conference documents even though criminal charges had not been laid against her. Acting on Kekana’s instruction, Takalani Sheriff Tshilongoane had arrested Moraka on the N1 north in Botlokwa, 60km north of Polokwane, Madonsela confirmed. He then drove her car “by force” back to Makhado, where she was briefly detained at the Mphephu police station. The court dismissed Moraka’s case after several appearances, prompting her to lodge a complaint with Madonsela. Titled “State Power-Political Games”, the provisional report said Kekana’s conduct was “improper” and amounted to “maladministration”.
“Kekana’s conduct amounted to maladministration, because she did not just report a crime, but abused her official position as MEC while attending a private, party political event to set state resources in her department in motion to settle a political score,” read part of the provisional report. Kekana has dismissed suggestions that she abused her power as “malicious”.
The arrest came after Moraka had left the politically-charged conference with documents after it degenerated into chaos, with rival supporters threatening, intimidating and swearing at each other. Police had also clashed with supporters of Malema’s arch-rival Lehlogonolo Masoga, firing rubber bullets and spraying them with a water cannon.
Kekana, who had attended the league’s conference in her capacity as Limpopo ANC deputy secretary, is an ally of Malema and Limpopo premier Cassel Mathale.
Source: IoL
Saturday, May 19, 2012
Sexwale takes aim at Mdluli and 'unseat Zuma saga'
Human Settlements Minister Tokyo Sexwale "will leave no stone unturned" in his quest to learn whether police crime intelligence boss Lieutenant-General Richard Mdluli abused state resources. Sexwale this week laid a formal complaint with the office of the public protector, Thuli Madonsela.
The home of Sexwale's lawyer, Muzi Sikhakane, was burgled a month ago and documents relating to Mdluli's alleged abuse of state resources were stolen. Sikhakane acted for Sexwale when he instituted legal action against Mdluli following allegations in a report allegedly signed by the top cop. Among the claims in the report were that Sexwale was central to a plot to overthrow President Jacob Zuma.
Mdluli's name was mentioned in an ANC national executive committee meeting last year when the "ground coverage" intelligence report on an alleged conspiracy against Zuma was discussed. A statement from Sexwale's office said his complaint to the public protector included the "report in which it was alleged that"... five cabinet members, three premiers and other persons were involved in a plot to unseat" Zuma at the ANC's elective conference in Mangaung in December.
"The objective is to leave no stone unturned in establishing the truth around this saga and, particularly, to ensure that the tendency to use state resources to pursue party political positions is stemmed ."
Mdluli was served with a suspension notice on Wednesday. The SABC reported on Friday that he denied receiving it. He could not be reached for comment yesterday.
The spokeswoman for Madonsela's office, Kgalalelo Masibi, said she had received Sexwale's complaint on Friday. "The public protector will advise of her decision to investigate or not within seven days," Masibi said.
Source: Times Live
The home of Sexwale's lawyer, Muzi Sikhakane, was burgled a month ago and documents relating to Mdluli's alleged abuse of state resources were stolen. Sikhakane acted for Sexwale when he instituted legal action against Mdluli following allegations in a report allegedly signed by the top cop. Among the claims in the report were that Sexwale was central to a plot to overthrow President Jacob Zuma.
Mdluli's name was mentioned in an ANC national executive committee meeting last year when the "ground coverage" intelligence report on an alleged conspiracy against Zuma was discussed. A statement from Sexwale's office said his complaint to the public protector included the "report in which it was alleged that"... five cabinet members, three premiers and other persons were involved in a plot to unseat" Zuma at the ANC's elective conference in Mangaung in December.
"The objective is to leave no stone unturned in establishing the truth around this saga and, particularly, to ensure that the tendency to use state resources to pursue party political positions is stemmed ."
Mdluli was served with a suspension notice on Wednesday. The SABC reported on Friday that he denied receiving it. He could not be reached for comment yesterday.
The spokeswoman for Madonsela's office, Kgalalelo Masibi, said she had received Sexwale's complaint on Friday. "The public protector will advise of her decision to investigate or not within seven days," Masibi said.
Source: Times Live
Wednesday, April 4, 2012
Madonsela's solution
Public Protector Thuli Madonsela posed an unnerving question about corruption at the 13th International Winelands Conference in Stellenbosch yesterday. "Have we as a society improved? Are we still sick or have we grown sicker?"
Madonsela's question arose from an address by former president Nelson Mandela at the opening of parliament in 1999. Mandela labelled corruption a sickness. "Our hope for the future deeply depends also on our resolution as a nation in dealing with the scourge of corruption. Success will require an acceptance that, in many respects, we are a sick society," Mandela said at the time.
Madonsela said there are leaders in the public and private sectors who have the best interests at heart of the people who entrusted them with power and work daily to make the constitutional dream a reality. "But there are dream stealers or thieves, chief of which is the scourge or sickness of corruption," Madonsela said. She said while Mandela likened corruption to a sickness, others called it a cancer. As a nation, she said, we should empower ourselves to deal with the cancer afflicting our body by isolating it and do "all we can to get rid of it with a view to saving ourselves from death or disability".
Madonsela said she had been asked what it would take to end corruption. She came up with a three-step solution.
Accountablility
The first, she said, was strengthening public accountability. Society should be empowered to ask more questions and know how the government works. Should service or conduct fail, they would know what questions to ask, of whom and which channels to follow.
"We need people who have been entrusted with public power to understand that this is not your power, you are a trustee. When people ask you questions - even if they go to the public protector - don't get annoyed. When you have done nothing wrong, what's wrong with telling the people what happened and how you made a bad decision?"
Transparency
Second on her list was strengthening transparency. "When there's openness there is less opportunity to engage in corruption and abuse resources."
Madonsela said whistleblowers should be protected and laws put in place to do just that. Media freedom was another key aspect to ensuring transparency.
End impunity
Madonsela said the last step is ending impunity. There should not be "protected people or holy cows. Ultimately we need selfless, committed and unwavering leadership in the area of combating corruption and promoting good governance. That is what President Mandela was calling for."
Madonsela's question arose from an address by former president Nelson Mandela at the opening of parliament in 1999. Mandela labelled corruption a sickness. "Our hope for the future deeply depends also on our resolution as a nation in dealing with the scourge of corruption. Success will require an acceptance that, in many respects, we are a sick society," Mandela said at the time.
Madonsela said there are leaders in the public and private sectors who have the best interests at heart of the people who entrusted them with power and work daily to make the constitutional dream a reality. "But there are dream stealers or thieves, chief of which is the scourge or sickness of corruption," Madonsela said. She said while Mandela likened corruption to a sickness, others called it a cancer. As a nation, she said, we should empower ourselves to deal with the cancer afflicting our body by isolating it and do "all we can to get rid of it with a view to saving ourselves from death or disability".
Madonsela said she had been asked what it would take to end corruption. She came up with a three-step solution.
Accountablility
The first, she said, was strengthening public accountability. Society should be empowered to ask more questions and know how the government works. Should service or conduct fail, they would know what questions to ask, of whom and which channels to follow.
"We need people who have been entrusted with public power to understand that this is not your power, you are a trustee. When people ask you questions - even if they go to the public protector - don't get annoyed. When you have done nothing wrong, what's wrong with telling the people what happened and how you made a bad decision?"
Transparency
Second on her list was strengthening transparency. "When there's openness there is less opportunity to engage in corruption and abuse resources."
Madonsela said whistleblowers should be protected and laws put in place to do just that. Media freedom was another key aspect to ensuring transparency.
End impunity
Madonsela said the last step is ending impunity. There should not be "protected people or holy cows. Ultimately we need selfless, committed and unwavering leadership in the area of combating corruption and promoting good governance. That is what President Mandela was calling for."
Wednesday, March 28, 2012
Madonsela: Secrecy Bill will 'bedevil' investigations
Public protector Thuli Madonsela has pleaded with parliamentarians to rethink key aspects of the Protection of State Information Bill, saying it would "severely" affect her work. Madonsela told them on Wednesday that the Bill, as it stood, would shrink her powers and bedevil investigations into state wrongdoing. It would reduce her to the status of an ordinary citizen because it would oblige her to hand classified information to the police like anyone else.
Likewise, it would strip away the right she held to access classified information in the course of her duty, instead forcing her to go to court to obtain it like any other South African. "The public protector is directly affected by this Bill," she told the second day of public hearings in Parliament on the contentious draft law. We will not be toothless but we are going to function under more onerous circumstances."
She said the obligation clause 15 of the Bill created for those who received classified information to hand it to the police to avoid prosecution posed the risk of her being arrested while she was studying any of the secret documents delivered to her office almost daily. "Will I be affected? Yes, severely. At the moment I'm not chasing around trying to find out what documents came to my office and which police station do I rush to report it. I don't want to do that. Unfortunately, Parliament has elevated the police above chapter nine institutions. Why does this democracy trust a police station above chapter nine institutions?" she asked.
Madonsela said that at the moment she had the prerogative to scrutinise any information sent to her office to see how it should be handled, but this would become a perilous exercise if the Bill were passed. "What if I am arrested while I'm applying my mind?" she asked, adding: "Probably the same could happen to journalists."
Madonsela tactfully suggested that the Bill's impact on her office was one of a number of unintended consequences of the legislation but baulked when ANC MP Nosipho Ntwanambi asked why the person in her post should not be treated in the same manner as ordinary South Africans. "When a member of Parliament says you should be subject to the same rights and responsibilities as a person in the street, it scares me. My responsibility is to be some kind of buffer between the state and the citizen."
Madonsela said she did not believe the Bill should include a special exemption for her office but rather a chapter recognising the special status of all similar institutions, in the same manner that it enshrined the special powers of courts. "What I am asking Parliament to accept is that chapter nine institutions were created by you as an accountability mechanism, and you should give them the space to exercise that responsibility."
Madonsela called for the inclusion of a public interest defence in the Bill, rejecting State Security Minister Siyabonga Cwele's oft-repeated argument that this would lead to the wholesale publication of state secrets. "Will it open the floodgates? No, I don't think so." She said such a defence would have to withstand an objective test on whether the public good derived from publication of a classified document outweighed the risk to the national security.
Like many other critics of the legislation, she said its definition of national security was too wide and it could pave the way for over-classification. Asked whether she was flatly declaring the Bill unconstitutional, Madonsela declined to answer but impressed on MPs that rethinking the Bill could spare them the potential embarrassment of having it declared invalid by the courts. "You have the power to prevent this matter being settled by a court of law," she said.
Source: Mail & Guardian
Likewise, it would strip away the right she held to access classified information in the course of her duty, instead forcing her to go to court to obtain it like any other South African. "The public protector is directly affected by this Bill," she told the second day of public hearings in Parliament on the contentious draft law. We will not be toothless but we are going to function under more onerous circumstances."
She said the obligation clause 15 of the Bill created for those who received classified information to hand it to the police to avoid prosecution posed the risk of her being arrested while she was studying any of the secret documents delivered to her office almost daily. "Will I be affected? Yes, severely. At the moment I'm not chasing around trying to find out what documents came to my office and which police station do I rush to report it. I don't want to do that. Unfortunately, Parliament has elevated the police above chapter nine institutions. Why does this democracy trust a police station above chapter nine institutions?" she asked.
Madonsela said that at the moment she had the prerogative to scrutinise any information sent to her office to see how it should be handled, but this would become a perilous exercise if the Bill were passed. "What if I am arrested while I'm applying my mind?" she asked, adding: "Probably the same could happen to journalists."
Madonsela tactfully suggested that the Bill's impact on her office was one of a number of unintended consequences of the legislation but baulked when ANC MP Nosipho Ntwanambi asked why the person in her post should not be treated in the same manner as ordinary South Africans. "When a member of Parliament says you should be subject to the same rights and responsibilities as a person in the street, it scares me. My responsibility is to be some kind of buffer between the state and the citizen."
Madonsela said she did not believe the Bill should include a special exemption for her office but rather a chapter recognising the special status of all similar institutions, in the same manner that it enshrined the special powers of courts. "What I am asking Parliament to accept is that chapter nine institutions were created by you as an accountability mechanism, and you should give them the space to exercise that responsibility."
Madonsela called for the inclusion of a public interest defence in the Bill, rejecting State Security Minister Siyabonga Cwele's oft-repeated argument that this would lead to the wholesale publication of state secrets. "Will it open the floodgates? No, I don't think so." She said such a defence would have to withstand an objective test on whether the public good derived from publication of a classified document outweighed the risk to the national security.
Like many other critics of the legislation, she said its definition of national security was too wide and it could pave the way for over-classification. Asked whether she was flatly declaring the Bill unconstitutional, Madonsela declined to answer but impressed on MPs that rethinking the Bill could spare them the potential embarrassment of having it declared invalid by the courts. "You have the power to prevent this matter being settled by a court of law," she said.
Source: Mail & Guardian
Tuesday, March 20, 2012
Madonsela to investigate Motlanthe ‘bribe’ claim
PUBLIC Protector Thuli Madonsela will conduct a preliminary probe into a bribe scandal that may involve Deputy President Kgalema Motlanthe ’s partner, Gugu Mtshali, the protector’s office said on Tuesday. "Following a request by the deputy president, the public protector has decided to conduct a preliminary investigation into the above allegations with a view to establishing whether anyone in the Presidency or the Department of Trade and Industry might have participated in unlawful conduct involving the use of state resources or power," it said.
The protector would be able to determine whether "there are merits in the allegations that state resources and authority were employed to improperly enrich or advantage anyone for unlawful purposes". According to a report in the Sunday Times, Ms Mtshali was implicated in soliciting a R104m "bribe" to obtain government support for a South African company trying to clinch a R2bn sanctions-busting deal with Iran. Had it gone ahead, the deal would have put South Africa in violation of a United Nations Security Council resolution of 2010 prohibiting member states from supplying military-related products to Iran.
In light of the seriousness of the allegations, Mr Motlanthe took the unprecedented step of asking Ms Madonsela to investigate. The public protector’s credibility has been enhanced by high-profile investigations that led to the dismissal of two ministers last year. Ms Mtshali, former De Beers executive Raisaka Masebelanga and others allegedly met representatives of a company called 360 Aviation to solicit the bribe. The deal allegedly involved supplying US-made Bell helicopters and spare parts to the National Iranian Oil Company via South Africa. The US prohibits the sale of military equipment to Iran. The MD of 360 Aviation, Barry Oberholzer, was quoted as saying: "We believe we were being asked for a bribe … in exchange for government support." The outcome of the preliminary investigation is expected by April 15.
Last week, it emerged that the National Conventional Arms Control Committee had launched its own investigation into the Iran arms sale. Justice and Constitutional Development Minister Jeff Radebe, in his role as control committee head, was briefing the joint standing committee on defence when he fielded a question from David Maynier, Democratic Alliance defence spokesman, about reports that a local company was involved in the sanctions busting. Vanessa du Toit, a director at the conventional arms inspectorate, replying to the question, said an investigation of the Sunday Times allegations had already begun. She said there were 38 cases on the go involving infringements of the arms-control laws.
Source: Mail & Guardian
The protector would be able to determine whether "there are merits in the allegations that state resources and authority were employed to improperly enrich or advantage anyone for unlawful purposes". According to a report in the Sunday Times, Ms Mtshali was implicated in soliciting a R104m "bribe" to obtain government support for a South African company trying to clinch a R2bn sanctions-busting deal with Iran. Had it gone ahead, the deal would have put South Africa in violation of a United Nations Security Council resolution of 2010 prohibiting member states from supplying military-related products to Iran.
In light of the seriousness of the allegations, Mr Motlanthe took the unprecedented step of asking Ms Madonsela to investigate. The public protector’s credibility has been enhanced by high-profile investigations that led to the dismissal of two ministers last year. Ms Mtshali, former De Beers executive Raisaka Masebelanga and others allegedly met representatives of a company called 360 Aviation to solicit the bribe. The deal allegedly involved supplying US-made Bell helicopters and spare parts to the National Iranian Oil Company via South Africa. The US prohibits the sale of military equipment to Iran. The MD of 360 Aviation, Barry Oberholzer, was quoted as saying: "We believe we were being asked for a bribe … in exchange for government support." The outcome of the preliminary investigation is expected by April 15.
Last week, it emerged that the National Conventional Arms Control Committee had launched its own investigation into the Iran arms sale. Justice and Constitutional Development Minister Jeff Radebe, in his role as control committee head, was briefing the joint standing committee on defence when he fielded a question from David Maynier, Democratic Alliance defence spokesman, about reports that a local company was involved in the sanctions busting. Vanessa du Toit, a director at the conventional arms inspectorate, replying to the question, said an investigation of the Sunday Times allegations had already begun. She said there were 38 cases on the go involving infringements of the arms-control laws.
Source: Mail & Guardian
Sunday, February 12, 2012
Malema cronies looted Limpopo: report
Limpopo-based cronies of ANCYL president Julius Malema allegedly spent millions of rand of taxpayers' money on properties, cars and parties, a weekend newspaper reported. It claimed that engineer Lesiba Gwangwa was at the centre. Gwangwa was Malema's business partner and the sole director of On-Point and SGL Engineering Projects. The two companies were previously or currently owned by Malema and his Ratang Family Trust.
According to the Sunday Independent, both companies have scored more than R400m worth of known Limpopo municipal tenders since 2007. The companies are being investigated for tender fraud and corruption by the SA Revenue Service, public protector Thuli Madonsela and the elite investigating unit, the Hawks. The national government stepped in and placed five departments in Limpopo under administration last month after tender fraud brought the province to the brink of collapse. Madonsela has ordered the provincial roads department to suspend On-Point's participation in the tender awarding process. She is apparently looking into how Gwangwa allegedly forced contractors to sign secret back-to-back agreements which entitled his company to a share of the proceeds of the tenders it awarded. According to analysts quoted by the newspaper, President Jacob Zuma, was aware of what was happening in Limpopo, but was allowing the investigation to take its course rather than recalling the province's political leaders.
Political analyst Somadoda Fikeni told the newspaper that the ANC leadership would rather let the investigation expose links between the leadership in Limpopo and the tender irregularities.
"In that manner it would be seen as a technical administrative process that deals with governance and corruption issues without being seen as politically manoeuvred."
Source: Times Live
According to the Sunday Independent, both companies have scored more than R400m worth of known Limpopo municipal tenders since 2007. The companies are being investigated for tender fraud and corruption by the SA Revenue Service, public protector Thuli Madonsela and the elite investigating unit, the Hawks. The national government stepped in and placed five departments in Limpopo under administration last month after tender fraud brought the province to the brink of collapse. Madonsela has ordered the provincial roads department to suspend On-Point's participation in the tender awarding process. She is apparently looking into how Gwangwa allegedly forced contractors to sign secret back-to-back agreements which entitled his company to a share of the proceeds of the tenders it awarded. According to analysts quoted by the newspaper, President Jacob Zuma, was aware of what was happening in Limpopo, but was allowing the investigation to take its course rather than recalling the province's political leaders.
Political analyst Somadoda Fikeni told the newspaper that the ANC leadership would rather let the investigation expose links between the leadership in Limpopo and the tender irregularities.
"In that manner it would be seen as a technical administrative process that deals with governance and corruption issues without being seen as politically manoeuvred."
Source: Times Live
Tuesday, August 23, 2011
'We can't be seen to be weak': Mantashe takes aim at Malema
ANC secretary-general Gwede Mantashe launched a veiled attack on Julius Malema on Tuesday ahead of the ANC Youth League president's appearance before a disciplinary committee next week. At a press briefing at Luthuli House in Johannesburg following the ANC's special national executive committee (NEC) meeting at the weekend, Mantashe denounced the discipline problems besetting the party. "The NEC decried the crumbling of discipline in the ANC and it has emerged as a serious concern. Our failure to act on these issues will lose us the respect we enjoy in South Africa, the continent and the world," Mantashe said.
Malema, along with his spokesperson Floyd Shivambu, is due to appear before a party disciplinary hearing next week after being charged with misconduct last Friday for comments made on working towards regime change in Botswana. If found guilty, Malema faces being suspended from the party for up to five years, as he already has a suspended sentence against him following sanction last year. Mantashe's comments should come as no surprise as the youth league has been pushing for his ouster -- along with President Jacob Zuma -- at the ANC's next elective conference in Mangaung at the end of 2012.
Mantashe revealed that the NEC decided in its meeting to tackle unlawful business dealings within the ANC, saying it is part of their mandate as the ruling party to stamp out corruption. "It is our revolutionary duty to act against corruption and deal with it decisively -- we can't be seen to be weak," Mantashe said. This has been interpreted as a further stab at Malema, who is facing a flurry of investigations into his business dealings, with specific reference to the Ratanang trust registered in his name. The youth leader claims the trust is used to raise funds for charitable causes but is currently being probed by Public Protector Thuli Madonsela as well as the Hawks on allegations that he receives money through the trust for securing tenders in Limpopo.
Mantashe also attempted once more to quash the debate over who should lead the ANC after Mangaung, saying the discussion would commence at branch level once party leaders have given the process the green light. "The branches will have the opportunity to nominate their preferred candidates at an appropriate time [which] will be decided in due course," Mantashe said.
While not confirming disciplinary action would be taken against anybody discussing succession before the ANC officially declares it is safe to do so, Mantashe said debating the issue is a violation of the party's constitution. "The fact [that] we have to remind everyone is [due to] the temptation for members to jump the gun. We won't discuss leadership issues now and it would be deviant to do so," he said. This is a further swipe at Malema, who has been not only calling for Mantashe's head, but also began rallying support for Zuma to be replaced by Deputy President Kgalema Motlanthe in Mangaung next year.
When quizzed by journalists about the specifics of the charges against Malema and the forthcoming disciplinary committee hearing, Mantashe would not be drawn into commenting, saying that doing so would prejudice the case. "The ANC will not comment on disciplinary procedures, so don't try to trick us into doing so," he said. Indications are that Malema will face a tough time in staving off disciplinary action, after the Mail & Guardian heard from party insiders that the youth league leader's support within the ANC is waning. The youth league is seeking a meeting with their mother body ahead of the scheduled hearing against their leader in the hopes that a political solution might be found to the situation.
If this does not result in a positive outcome from the league, ordinary youth league members confirmed to the M&G that a march is planned to ANC headquarters on the day of the hearing in a show of support of Malema. Mantashe confirmed the request of a meeting but would not comment on the possibility of it leading to the situation being defused before the hearing. "The process must be allowed to unfold and we will deal with any adventurous actions should they happen," he said.
Source: Mail & Guardian
Malema, along with his spokesperson Floyd Shivambu, is due to appear before a party disciplinary hearing next week after being charged with misconduct last Friday for comments made on working towards regime change in Botswana. If found guilty, Malema faces being suspended from the party for up to five years, as he already has a suspended sentence against him following sanction last year. Mantashe's comments should come as no surprise as the youth league has been pushing for his ouster -- along with President Jacob Zuma -- at the ANC's next elective conference in Mangaung at the end of 2012.
Mantashe revealed that the NEC decided in its meeting to tackle unlawful business dealings within the ANC, saying it is part of their mandate as the ruling party to stamp out corruption. "It is our revolutionary duty to act against corruption and deal with it decisively -- we can't be seen to be weak," Mantashe said. This has been interpreted as a further stab at Malema, who is facing a flurry of investigations into his business dealings, with specific reference to the Ratanang trust registered in his name. The youth leader claims the trust is used to raise funds for charitable causes but is currently being probed by Public Protector Thuli Madonsela as well as the Hawks on allegations that he receives money through the trust for securing tenders in Limpopo.
Mantashe also attempted once more to quash the debate over who should lead the ANC after Mangaung, saying the discussion would commence at branch level once party leaders have given the process the green light. "The branches will have the opportunity to nominate their preferred candidates at an appropriate time [which] will be decided in due course," Mantashe said.
While not confirming disciplinary action would be taken against anybody discussing succession before the ANC officially declares it is safe to do so, Mantashe said debating the issue is a violation of the party's constitution. "The fact [that] we have to remind everyone is [due to] the temptation for members to jump the gun. We won't discuss leadership issues now and it would be deviant to do so," he said. This is a further swipe at Malema, who has been not only calling for Mantashe's head, but also began rallying support for Zuma to be replaced by Deputy President Kgalema Motlanthe in Mangaung next year.
When quizzed by journalists about the specifics of the charges against Malema and the forthcoming disciplinary committee hearing, Mantashe would not be drawn into commenting, saying that doing so would prejudice the case. "The ANC will not comment on disciplinary procedures, so don't try to trick us into doing so," he said. Indications are that Malema will face a tough time in staving off disciplinary action, after the Mail & Guardian heard from party insiders that the youth league leader's support within the ANC is waning. The youth league is seeking a meeting with their mother body ahead of the scheduled hearing against their leader in the hopes that a political solution might be found to the situation.
If this does not result in a positive outcome from the league, ordinary youth league members confirmed to the M&G that a march is planned to ANC headquarters on the day of the hearing in a show of support of Malema. Mantashe confirmed the request of a meeting but would not comment on the possibility of it leading to the situation being defused before the hearing. "The process must be allowed to unfold and we will deal with any adventurous actions should they happen," he said.
Source: Mail & Guardian
Wednesday, August 17, 2011
State's advisers may not interfere, says public protector
Public protector Thuli Madonsela's findings are subject to the Constitution and the law, and state legal advisers have no authority to tell government what to implement, she said on Wednesday. Madonsela said state attorneys have been advising the government against implementing remedial action she recommended. "In the event organs of state are unhappy with our findings and the accompanying remedial action, they should take us to court on review." She said courts were the only institutions that had a final say on whether her findings and the need for remedial action were rational or not.
Madonsela was speaking at a meeting with stakeholders, which included provincial government leaders, local government authorities and civil society in Polokwane. Her spokesperson, Kgalalelo Masibi, said delegates including Limpopo's provincial minister of agriculture, Dipuo Letsatsi-Duba, and Polokwane mayor Freddy Greaver agreed with Madonsela. "[They said] failure to implement the public protector's remedial action was defeating the institution's purpose of supporting and strengthening constitutional democracy," she said in a statement. "They added that leaders in government had a responsibility to act promptly upon receipt of the public protector's report with a view to ensure administrative justice and accountability."
The meeting formed part of a nationwide road show dubbed The Public Protector Dialogues with the Nation. The road show aimed at soliciting feedback regarding Madonsela's work and highlighting the importance of implementing her suggestions for remedial action.
Source: Mail & Guardian
Madonsela was speaking at a meeting with stakeholders, which included provincial government leaders, local government authorities and civil society in Polokwane. Her spokesperson, Kgalalelo Masibi, said delegates including Limpopo's provincial minister of agriculture, Dipuo Letsatsi-Duba, and Polokwane mayor Freddy Greaver agreed with Madonsela. "[They said] failure to implement the public protector's remedial action was defeating the institution's purpose of supporting and strengthening constitutional democracy," she said in a statement. "They added that leaders in government had a responsibility to act promptly upon receipt of the public protector's report with a view to ensure administrative justice and accountability."
The meeting formed part of a nationwide road show dubbed The Public Protector Dialogues with the Nation. The road show aimed at soliciting feedback regarding Madonsela's work and highlighting the importance of implementing her suggestions for remedial action.
Source: Mail & Guardian
Friday, August 5, 2011
Chief justice appointment to be delayed
President Jacob Zuma said he will delay the appointment of a new chief justice as "it was a crucial decision impacting on the lives of South Africans". Zuma was addressing high-level media owners at a summit in Irene, Pretoria, on Friday morning. He explained that delaying the appointment of the new chief justice would allow him to "give greater effect to the provisions of section 174(3) of the Constitution". He would also need more time for "meaningful consultation with leaders of political parties and the Judicial Service Commission".
Chief Justice Sandile Ncgobo steps down on the August 14 when his 12-year term as a constitutional court judge expires. The presidency had previously said a new chief justice would be appointed by August 15. Zuma assured South Africans that the delay "would not adversely affect the actions of the judiciary". Zuma slammed the media for "misrepresenting" his decision to extend Ngcobo's term, which last week was found to be unconstitutional. The media made out that a "crime had been committed" and the constitution "undermined" when he enacted Section 8(a) of the Judges Remuneration Act of 2001 to extend Ngcobo's term. Zuma defended his decision by arguing that he had granted the extension in terms of an existing law that was "passed by Parliament, unanimously, 10 years ago".
Zuma finally broke the government's silence on the Public Protector's report into the controversial police leases that were found to be improper and invalid. He welcomed Public Protector Thuli Madonsela's findings and said he had written today to Max Sisulu, the Speaker of Parliament to outline his response. Madonsela's report showed the actions of Public Works Minister Gwen Mahlangu-Nkabinde and National Police Commissioner Bheki Cele amounted to maladministration when the department of public works awarded businessman Roux Shabangu leases to house the South African Police Service (SAPS) in the Sanlam-Middestad building in Pretoria and the Transnet Towers in Durban. He used the opportunity to promise South Africans that the government was taking corruption seriously and was "making steady progress in taking forward this fight". Zuma said the Special Investigations Unit was investigating problems with the awarding of government tenders to the value of R10-billion and tender conflicts of interest worth R5-billion. "The SIU was also working closely to investigate procurement irregularities in 33 police stations worth R330-million".
Zuma emphasised that the government did respect media freedom saying "media, government and society had a responsibility to strive to develop free and independent media", adding that "diversity and transformation" in the media also needed to be promoted.
Source: Mail & Guardian
Chief Justice Sandile Ncgobo steps down on the August 14 when his 12-year term as a constitutional court judge expires. The presidency had previously said a new chief justice would be appointed by August 15. Zuma assured South Africans that the delay "would not adversely affect the actions of the judiciary". Zuma slammed the media for "misrepresenting" his decision to extend Ngcobo's term, which last week was found to be unconstitutional. The media made out that a "crime had been committed" and the constitution "undermined" when he enacted Section 8(a) of the Judges Remuneration Act of 2001 to extend Ngcobo's term. Zuma defended his decision by arguing that he had granted the extension in terms of an existing law that was "passed by Parliament, unanimously, 10 years ago".
Zuma finally broke the government's silence on the Public Protector's report into the controversial police leases that were found to be improper and invalid. He welcomed Public Protector Thuli Madonsela's findings and said he had written today to Max Sisulu, the Speaker of Parliament to outline his response. Madonsela's report showed the actions of Public Works Minister Gwen Mahlangu-Nkabinde and National Police Commissioner Bheki Cele amounted to maladministration when the department of public works awarded businessman Roux Shabangu leases to house the South African Police Service (SAPS) in the Sanlam-Middestad building in Pretoria and the Transnet Towers in Durban. He used the opportunity to promise South Africans that the government was taking corruption seriously and was "making steady progress in taking forward this fight". Zuma said the Special Investigations Unit was investigating problems with the awarding of government tenders to the value of R10-billion and tender conflicts of interest worth R5-billion. "The SIU was also working closely to investigate procurement irregularities in 33 police stations worth R330-million".
Zuma emphasised that the government did respect media freedom saying "media, government and society had a responsibility to strive to develop free and independent media", adding that "diversity and transformation" in the media also needed to be promoted.
Source: Mail & Guardian
Friday, July 15, 2011
Protector's challenge to the president
Thuli Madonsela has thrown down the gauntlet to President Jacob Zuma, demanding that he confront her awkward findings and recommendations on two police lease deals worth a total of R1.78-billion. On Thursday the public protector released the second of her devastating reports on the leases, calling on Zuma and his Cabinet to take action against Minister of Public Works Gwen Mahlangu-Nkabinde, national police commissioner Bheki Cele and senior officials.
Madonsela's latest report found that a lease agreement between the public works department and businessman Roux Shabangu, for a headquarters building for the provincial South African Police Service in Durban, is invalid. In her previous report, released in February, she made similar findings about another police lease in Pretoria, also between public works and Shabangu.
Zuma has delayed acting on the Pretoria report, sending Justice Minister Jeff Radebe to negotiate for action to be taken only after the release of the latest report. Now it is time for the president to show to his backbone on the issue. Will he accept the findings and act decisively, or will he delay again?
The political ramifications of both options are significant. Madonsela's recommendations are stronger now, as they are bolstered by new evidence, and the political atmosphere has become charged by the furore that followed last week's media leak of the protector's "imminent arrest".
But if Zuma acts on her recommendations there could be unpleasant political consequences -- particularly if his role in the Shabangu leases was not benign. It is still not clear, for example, why Zuma sacked former public works minister Geoff Doidge, who was investigating the Shabangu deals.
And it is suspicious that Mahlangu-Nkabinde, Doidge's replacement, promptly suspended director general Siviwe Dongwana -- who was also investigating the deals -- and pushed the Pretoria lease through against senior legal opinion and despite her department's decision to suspend the lease.
Commenting on such suspicions, Madonsela said: "We could not find evidence of criminality. We could not explain why people behaved the way they did. The conduct of the police and the public works department was quite strange in trying to move regardless of the circumstances. But I can't make findings on the basis of a hunch. Their behaviour was strange." She said: "I am not prescribing what should be done, but I expect the president to do the right thing."
The biggest problem Madonsela has handed to Zuma is Mahlangu-Nkabinde, who refused to answer certain questions during the public protector's investigation. Madonsela said Mahlangu-Nkabinde's behaviour was improper and unlawful and the minister had "failed to meet the requisite of statesmanship expected from her". She urged Zuma to consider taking action against Mahlangu-Nkabinde. The minister should, within 60 days, "report to the Cabinet on her actions in relation to the procurement of the leases … and her failure to fully co-operate with the public protector".
Zuma will then have to deal with the Cele problem -- or publicly duck it. The commissioner once provided muscle for Zuma's rise to the presidency and is now rumoured to be part of a faction aiming to unseat him. Madonsela found Cele to be guilty of improper and unlawful conduct and maladministration. "The minister of police [Nathi Mthethwa] should, with the assistance of the national treasury, take urgent steps to ensure that the appropriate action is instituted against all the relevant officials of the SAPS," Madonsela said. These included Cele.
She also recommended that Mahlangu-Nkabinde take action against her errant officials, with the assistance of the treasury and the public service department. And while these steps were followed, Madonsela recommended that the police review their needs analysis for the accommodation of their provincial offices and the family violence, child protection and sexual offences units in Durban, which were to be housed in Shabangu's building.
The public works department should then follow proper procedures to help the police find suitable, cost-effective accommodation, as they are mandated to do. "The department of public works and the SAPS must ensure that appropriate measures are implemented to prevent a recurrence of contraventions of the relevant procurement legislation and prescripts," she said.
In both Durban and Pretoria Madonsela found that the lease agreements were invalid because their procurement had not complied with constitutional requirements and other regulations. In both cases she said the police -- Cele in particular, although he denies this -- had identified the buildings before involving the public works department, which is what they should have done. Public works then chose, irregularly, to deviate from open tender procedures, negotiating directly with Shabangu and settling on higher than market-value leases, which compromised the police's stretched operations budget. Shabangu contacted police and public works officials "and is alleged to have put pressure on them in regard to the finalisation of the procurement process".
Madonsela emphasised that there was no evidence of criminality in her investigation of Shabangu's role. "The argument presented by the department of finance was that since we could not conclude that Roux Property Fund [Shabangu's company] had got the leases because of fraud or through other illegal processes, we could not use the law to red-card him," she said. Little has changed in the protector's report compared with the draft that was leaked before she received the responses of those implicated. Looking at those responses -- now dealt with in the final report -- it is easy to understand why.
Commissioner Cele was at pains to point out that he did not invent the SAPS's need for a new lease. "On the contrary, there was a need to either relocate to a new building or construct one long before I came into this department in August 2009," he told the protector.
One of the main aspects of the provisional report disputed by Cele is that it was he who identified the Transnet building as alternative accommodation for police in Durban. But Madonsela says two of his subordinates -- Generals Hlela and Terblanche -- confirmed, independently of each other, that Cele had indeed instructed them to procure the lease of the Transnet building. She also points to an information note signed by Cele, dated June 28 last year, that apparently confirmed that the Transnet building was identified for leasing.
Cele points a finger at public works as the department responsible for managing the procurement process correctly. "The DPW is solely responsible for the unlawful conclusion of the lease agreement," he says.
Mahlangu-Nkabinde's version is contradicted by almost every other player in the leasing saga. According to Madonsela's report, the minister explained a mysterious increase in floor space needed by police -- which ended up being exactly what was on offer at Shabangu's building -- as being added "to accommodate for non-assignable areas, such as partitions, passages, toilets and common areas". "This explanation of the minister is, however, not in line with the needs analysis that was resubmitted by the SAPS," the protector noted.
The minister claimed that Doidge and his director general, Siviwe Dongwana, did not brief her properly. She denies instructing Dongwana to inform Shabangu's bankers that the transaction was proceeding. She refused to answer questions from the public protector, she claimed, because the report on the Pretoria lease showed that Madonsela had already made up her mind.
Shabangu denied applying undue pressure on public works officials, including the director general, or improperly influencing them in the procurement process relating to the Pretoria and Durban leases. He further denied ever meeting the minister outside her office. Asked to explain how he became aware of the SAPS's need for alternative accommodation in Durban, Shabangu indicated that he was informed that the office lease of the provincial police was due to expire and was provided with a "needs analysis" indicating the extent of the required alternative accommodation. It was because he was aware of the extent of the need for alternative accommodation in Durban that his company decided to buy the Transnet building.
But Madonsela noted: "Shabangu's above explanation is inconsistent with the documentary evidence obtained during the investigation, in terms of which it was found that the first needs analysis, reflecting the extent of the SAPS's need for alternative accommodation, was only submitted to the DPW on 23 June 2010. "However, the sale agreement for the Transnet building was concluded with Shabangu on behalf of [Roux Shabangu] on 19 March 2010, three months earlier." Ten days after Independent Newspapers claimed Thuli Madonsela faced imminent arrest for fraud and corruption there is no clarity on who was pushing the "investigation" and who leaked it. As the public backlash mounted, Justice Minister Jeff Radebe and Police Minister Nathi Mthethwa claimed the public protector was not being investigated.
Radebe cleared Madonsela of wrongdoing relating to work her company did for the justice department while she was a full-time South African Law Reform Commission member. President Jacob Zuma rushed to send out a statement of support. The newspaper group then produced "irrefutable proof" of its claims — an "information note" showing only that police were given insight, presumably by someone in the justice department, into a justice department file containing a September 2009 state law opinion on Madonsela's business interests. Police also apparently gave details of departmental payments to her company.
But, significantly, the note was directed to the Hawks's commercial crime head, Hans Meiring, which suggests senior police interest. The matter is also understood to have been drawn to Hawks boss Anwa Dramat's attention. "High-level sources" then leaked the document to a journalist, couched in claims of "imminent arrest" on "fraud and corruption charges" -- which the document did not prove.
Was there ever a police probe of Madonsela? Who was behind it? Was Independent Newspapers manipulated? By whom and why? In seeking to deny that there had been an investigation Hawks spokesperson Macintosh Polela made much of an apparent error in the case number refered to in the information note. It was all an "unfortunate mix-up", he said. The case number refered to a totally separate case ergo the note did not prove Madonsela had been investigated.
In fact the case number proves nothing of the kind. Independent Newspapers originally wrote: "The police stumbled upon information on Madonsela while investigating a separate case registered at the Pretoria Central Police Station." But investigating officer James Hills wrote in the information note: "During the investigation of Pretoria-Central CAS 515/01/2008 at the department of justice and constitutional development, the following came to my attention." Clearly this case number is associated with the "separate case". It was never intended either by the Independent Group or by Hill to refer to the Madonsela probe.
Polela used this confusion to cover the fact that Cabinet had made it politically difficult for police to come clean on the investigation and the leak. He said: "There was a mix-up when someone read a file for that case. It appears there was a piece of paper which mentioned Madonsela, but I don't know what that piece of paper was about … As far as I know [the leak] is not being investigated from our side."
The previous week police headquarters said the South African Police Service would launch a full investigation into the circumstances that led to "media reports …that the public protector is about to be arrested" and would announce the outcome.
Why the arrest claim was leaked days before the release of Madonsela’s second SAPS lease report -- and why ministers then smothered the matter -- remain smouldering questions.
Source: Mail & Guardian
Madonsela's latest report found that a lease agreement between the public works department and businessman Roux Shabangu, for a headquarters building for the provincial South African Police Service in Durban, is invalid. In her previous report, released in February, she made similar findings about another police lease in Pretoria, also between public works and Shabangu.
Zuma has delayed acting on the Pretoria report, sending Justice Minister Jeff Radebe to negotiate for action to be taken only after the release of the latest report. Now it is time for the president to show to his backbone on the issue. Will he accept the findings and act decisively, or will he delay again?
The political ramifications of both options are significant. Madonsela's recommendations are stronger now, as they are bolstered by new evidence, and the political atmosphere has become charged by the furore that followed last week's media leak of the protector's "imminent arrest".
But if Zuma acts on her recommendations there could be unpleasant political consequences -- particularly if his role in the Shabangu leases was not benign. It is still not clear, for example, why Zuma sacked former public works minister Geoff Doidge, who was investigating the Shabangu deals.
And it is suspicious that Mahlangu-Nkabinde, Doidge's replacement, promptly suspended director general Siviwe Dongwana -- who was also investigating the deals -- and pushed the Pretoria lease through against senior legal opinion and despite her department's decision to suspend the lease.
Commenting on such suspicions, Madonsela said: "We could not find evidence of criminality. We could not explain why people behaved the way they did. The conduct of the police and the public works department was quite strange in trying to move regardless of the circumstances. But I can't make findings on the basis of a hunch. Their behaviour was strange." She said: "I am not prescribing what should be done, but I expect the president to do the right thing."
The biggest problem Madonsela has handed to Zuma is Mahlangu-Nkabinde, who refused to answer certain questions during the public protector's investigation. Madonsela said Mahlangu-Nkabinde's behaviour was improper and unlawful and the minister had "failed to meet the requisite of statesmanship expected from her". She urged Zuma to consider taking action against Mahlangu-Nkabinde. The minister should, within 60 days, "report to the Cabinet on her actions in relation to the procurement of the leases … and her failure to fully co-operate with the public protector".
Zuma will then have to deal with the Cele problem -- or publicly duck it. The commissioner once provided muscle for Zuma's rise to the presidency and is now rumoured to be part of a faction aiming to unseat him. Madonsela found Cele to be guilty of improper and unlawful conduct and maladministration. "The minister of police [Nathi Mthethwa] should, with the assistance of the national treasury, take urgent steps to ensure that the appropriate action is instituted against all the relevant officials of the SAPS," Madonsela said. These included Cele.
She also recommended that Mahlangu-Nkabinde take action against her errant officials, with the assistance of the treasury and the public service department. And while these steps were followed, Madonsela recommended that the police review their needs analysis for the accommodation of their provincial offices and the family violence, child protection and sexual offences units in Durban, which were to be housed in Shabangu's building.
The public works department should then follow proper procedures to help the police find suitable, cost-effective accommodation, as they are mandated to do. "The department of public works and the SAPS must ensure that appropriate measures are implemented to prevent a recurrence of contraventions of the relevant procurement legislation and prescripts," she said.
In both Durban and Pretoria Madonsela found that the lease agreements were invalid because their procurement had not complied with constitutional requirements and other regulations. In both cases she said the police -- Cele in particular, although he denies this -- had identified the buildings before involving the public works department, which is what they should have done. Public works then chose, irregularly, to deviate from open tender procedures, negotiating directly with Shabangu and settling on higher than market-value leases, which compromised the police's stretched operations budget. Shabangu contacted police and public works officials "and is alleged to have put pressure on them in regard to the finalisation of the procurement process".
Madonsela emphasised that there was no evidence of criminality in her investigation of Shabangu's role. "The argument presented by the department of finance was that since we could not conclude that Roux Property Fund [Shabangu's company] had got the leases because of fraud or through other illegal processes, we could not use the law to red-card him," she said. Little has changed in the protector's report compared with the draft that was leaked before she received the responses of those implicated. Looking at those responses -- now dealt with in the final report -- it is easy to understand why.
Commissioner Cele was at pains to point out that he did not invent the SAPS's need for a new lease. "On the contrary, there was a need to either relocate to a new building or construct one long before I came into this department in August 2009," he told the protector.
One of the main aspects of the provisional report disputed by Cele is that it was he who identified the Transnet building as alternative accommodation for police in Durban. But Madonsela says two of his subordinates -- Generals Hlela and Terblanche -- confirmed, independently of each other, that Cele had indeed instructed them to procure the lease of the Transnet building. She also points to an information note signed by Cele, dated June 28 last year, that apparently confirmed that the Transnet building was identified for leasing.
Cele points a finger at public works as the department responsible for managing the procurement process correctly. "The DPW is solely responsible for the unlawful conclusion of the lease agreement," he says.
Mahlangu-Nkabinde's version is contradicted by almost every other player in the leasing saga. According to Madonsela's report, the minister explained a mysterious increase in floor space needed by police -- which ended up being exactly what was on offer at Shabangu's building -- as being added "to accommodate for non-assignable areas, such as partitions, passages, toilets and common areas". "This explanation of the minister is, however, not in line with the needs analysis that was resubmitted by the SAPS," the protector noted.
The minister claimed that Doidge and his director general, Siviwe Dongwana, did not brief her properly. She denies instructing Dongwana to inform Shabangu's bankers that the transaction was proceeding. She refused to answer questions from the public protector, she claimed, because the report on the Pretoria lease showed that Madonsela had already made up her mind.
Shabangu denied applying undue pressure on public works officials, including the director general, or improperly influencing them in the procurement process relating to the Pretoria and Durban leases. He further denied ever meeting the minister outside her office. Asked to explain how he became aware of the SAPS's need for alternative accommodation in Durban, Shabangu indicated that he was informed that the office lease of the provincial police was due to expire and was provided with a "needs analysis" indicating the extent of the required alternative accommodation. It was because he was aware of the extent of the need for alternative accommodation in Durban that his company decided to buy the Transnet building.
But Madonsela noted: "Shabangu's above explanation is inconsistent with the documentary evidence obtained during the investigation, in terms of which it was found that the first needs analysis, reflecting the extent of the SAPS's need for alternative accommodation, was only submitted to the DPW on 23 June 2010. "However, the sale agreement for the Transnet building was concluded with Shabangu on behalf of [Roux Shabangu] on 19 March 2010, three months earlier." Ten days after Independent Newspapers claimed Thuli Madonsela faced imminent arrest for fraud and corruption there is no clarity on who was pushing the "investigation" and who leaked it. As the public backlash mounted, Justice Minister Jeff Radebe and Police Minister Nathi Mthethwa claimed the public protector was not being investigated.
Radebe cleared Madonsela of wrongdoing relating to work her company did for the justice department while she was a full-time South African Law Reform Commission member. President Jacob Zuma rushed to send out a statement of support. The newspaper group then produced "irrefutable proof" of its claims — an "information note" showing only that police were given insight, presumably by someone in the justice department, into a justice department file containing a September 2009 state law opinion on Madonsela's business interests. Police also apparently gave details of departmental payments to her company.
But, significantly, the note was directed to the Hawks's commercial crime head, Hans Meiring, which suggests senior police interest. The matter is also understood to have been drawn to Hawks boss Anwa Dramat's attention. "High-level sources" then leaked the document to a journalist, couched in claims of "imminent arrest" on "fraud and corruption charges" -- which the document did not prove.
Was there ever a police probe of Madonsela? Who was behind it? Was Independent Newspapers manipulated? By whom and why? In seeking to deny that there had been an investigation Hawks spokesperson Macintosh Polela made much of an apparent error in the case number refered to in the information note. It was all an "unfortunate mix-up", he said. The case number refered to a totally separate case ergo the note did not prove Madonsela had been investigated.
In fact the case number proves nothing of the kind. Independent Newspapers originally wrote: "The police stumbled upon information on Madonsela while investigating a separate case registered at the Pretoria Central Police Station." But investigating officer James Hills wrote in the information note: "During the investigation of Pretoria-Central CAS 515/01/2008 at the department of justice and constitutional development, the following came to my attention." Clearly this case number is associated with the "separate case". It was never intended either by the Independent Group or by Hill to refer to the Madonsela probe.
Polela used this confusion to cover the fact that Cabinet had made it politically difficult for police to come clean on the investigation and the leak. He said: "There was a mix-up when someone read a file for that case. It appears there was a piece of paper which mentioned Madonsela, but I don't know what that piece of paper was about … As far as I know [the leak] is not being investigated from our side."
The previous week police headquarters said the South African Police Service would launch a full investigation into the circumstances that led to "media reports …that the public protector is about to be arrested" and would announce the outcome.
Why the arrest claim was leaked days before the release of Madonsela’s second SAPS lease report -- and why ministers then smothered the matter -- remain smouldering questions.
Source: Mail & Guardian
Thuli Madonsela: A timeline
News reports about attacks on the Public Protector can be confusing. Why was she accused of fraud and who are her enemies? Use our timeline to make sense of the story.
October 2009
Advocate Thuli Madonsela is announced as South Africa's new Public Protector -- South Africa's third since 1994. She replaces Lawrence Mushwana, who had a dubious record in connection with the Oilgate scandal.
2 August 2010
Complaints are lodged by Paul Hoffman of the Institute for Accountability in Southern Africa and Pieter Groenewald of the Freedom Front Plus with the Public Protector in connection with a Sunday Times report alleging improper procurement in the leasing of office accommodation for the South African Police Services (SAPS) in the Sanlam Middestad building in Pretoria and the Transnet Building in Durban. These complaints originated from a newspaper article published on August 1 2010 alleging improper conduct and maladministration by police National Commissioner Bheki Cele and the Department of Public Works (DPW). The combined value of the leases amounts to over R1.7bn and is entered into between the South African Police Service and controversial property vendor Roux Shabangu.
August 3 2010
Madonsela requests Cele and officials at DPW to cease with implementation of the said leases until an investigation into the matter is completed. It is confirmed the investigation would be undertaken in conjunction with Willie Hofmeyr's Special Investigation Unit (SIU).
4 August 2010
Journalist Mzilikazi wa Afrika is arrested for allegedly being in possession of a fake letter of resignation from Mpumalanga Premier David Mabuza. His arrest is widely seen as an attempt at intimidation relating to the original report appearing in the Sunday Times. He is held in Nelspruit for several days -- even after his case is thrown out of court.
October 11 2010
Director general at DPW, Siviwe Dongwana, informs Cele a new procurement process for the leasing of accommodation for the SAPS headquarters in Pretoria and Durban will be affected after an internal enquiry and independent legal advice deems the lease acquisitions to be invalid.
October 25 2010
Madonsela issues a preliminary report on the investigation, confirming her support for the new procurement process initiation.
October 31 2010
Gwen Mahlangu-Nkabinde replaces the former minister of public works, Geoff Doidge, in a Cabinet reshuffle by President Jacob Zuma.
November 11 2010
Mahlangu-Nkabinde announces, upon obtaining legal advice from the Office of the State Attorney on the lease agreement with regards to the Middestad building, that the lease is enforceable.
December 8 2010
DPW announces the suspension of Dongwana on charges in relation to insubordination, dereliction of duty, failure to discharge official duties and bringing the department into disrepute.
February 22 2011
Madonsela releases an initial report into the matter entitled: Against the Rules -- with specific reference to the Sanlam Middestad building in Pretoria. The report lists a number of irregularities in the leasing process.
March 2 2011
The offices of the Public Protector are visited by members of the SAPS crime intelligence unit, allegedly regarding Madonsela's investigations into Cele. Police later deny it was a raid.
March 10 2011
Madonsela announces she will not revisit findings in her report, despite being asked to do so by Mahlangu-Nkabinde.
June 10 2011
Mahlangu-Nkabinde announces a moratorium on all DPW tenders to "root out corruption". The move is slammed by the media and opposition parties and labeled as political opportunism.
June 17 2011
Shabangu calls a press briefing in Pretoria to "set the record straight" and defends the leasing deals, accusing "white capitalists" of accusing him of shady deals because he is a successful black businessman.
June 18 2011
Dongwana tells the media he feared for his safety and that of his family as he felt he was pressured into approving two lease deals.
June 21 2011
Mahlangu-Nkabinde announces her intention to take the matter regarding the leases to court to pronounce legality.
July 6 2011
A shock report is published by the Star newspaper about Madonsela’s imminent arrest on charges of alleged corruption during her tenure many years before as commissioner at the South African Law Reform Commission.
July 6 2011
The Star report is published the same day as a scheduled press briefing by Madonsela about the police leases and other matters. The report is criticised as a political ploy related to Madonsela's investigations into the leases. The protector vows to continue in her investigations into the leases.
July 7 2011
Justice and Constitutional Development Minister Jeff Radebe throws his weight behind Madonsela, announcing that she did not break any laws when her company offered services to the justice department while she worked for the South Africa Law Reform Commission. Police Minister Nathi Mthethwa also announces that he has no knowledge of an imminent arrest, after consulting with Cele, and the Zuma makes his support clear as well.
July 11 2011
It is confirmed that the head of the SIU, Willie Hofmeyr, is being investigated by the Serious Economic Offences Unit for reportedly flouting supply-chain and procurement procedures in the awarding of a tender to refurbish SIU offices in Pretoria
July 14 2011
Madonsela releases a second report into the leasing scandal -- with specific reference to the Transnet building in Durban -- entitled: Against the rules too. The report finds serious fault with Mahlangu-Nkabinde and Cele during the acquisition and implementation of the leases and calls for serious remedial action. The pair are slammed for their lack of cooperation during the investigation.
July 15 to 17 2011
The weekend media announce the report as a watershed moment for Zuma, which will test his earlier support and possibly force him to take action.
July 18 2011
Cele announces a press briefing for July 19 to respond to findings by the Public Protector that his actions in connection with the two controversial building leases were unlawful, improper and constituted maladministration. The briefing is then postponed to July 21.
July 20 2011
Cele again cancels the press briefing, scheduled for the following day.
Source: Mail & Guardian
October 2009
Advocate Thuli Madonsela is announced as South Africa's new Public Protector -- South Africa's third since 1994. She replaces Lawrence Mushwana, who had a dubious record in connection with the Oilgate scandal.
M&G editor in chief Nic Dawes tells you everything you need to know about Public Protector Thuli Madonsela's report into police leasing deals. Will the president take action? What's next for Madonsela? Watch our video analysis and find out.
Complaints are lodged by Paul Hoffman of the Institute for Accountability in Southern Africa and Pieter Groenewald of the Freedom Front Plus with the Public Protector in connection with a Sunday Times report alleging improper procurement in the leasing of office accommodation for the South African Police Services (SAPS) in the Sanlam Middestad building in Pretoria and the Transnet Building in Durban. These complaints originated from a newspaper article published on August 1 2010 alleging improper conduct and maladministration by police National Commissioner Bheki Cele and the Department of Public Works (DPW). The combined value of the leases amounts to over R1.7bn and is entered into between the South African Police Service and controversial property vendor Roux Shabangu.
August 3 2010
Madonsela requests Cele and officials at DPW to cease with implementation of the said leases until an investigation into the matter is completed. It is confirmed the investigation would be undertaken in conjunction with Willie Hofmeyr's Special Investigation Unit (SIU).
4 August 2010
Journalist Mzilikazi wa Afrika is arrested for allegedly being in possession of a fake letter of resignation from Mpumalanga Premier David Mabuza. His arrest is widely seen as an attempt at intimidation relating to the original report appearing in the Sunday Times. He is held in Nelspruit for several days -- even after his case is thrown out of court.
October 11 2010
Director general at DPW, Siviwe Dongwana, informs Cele a new procurement process for the leasing of accommodation for the SAPS headquarters in Pretoria and Durban will be affected after an internal enquiry and independent legal advice deems the lease acquisitions to be invalid.
October 25 2010
Madonsela issues a preliminary report on the investigation, confirming her support for the new procurement process initiation.
October 31 2010
Gwen Mahlangu-Nkabinde replaces the former minister of public works, Geoff Doidge, in a Cabinet reshuffle by President Jacob Zuma.
November 11 2010
Mahlangu-Nkabinde announces, upon obtaining legal advice from the Office of the State Attorney on the lease agreement with regards to the Middestad building, that the lease is enforceable.
December 8 2010
DPW announces the suspension of Dongwana on charges in relation to insubordination, dereliction of duty, failure to discharge official duties and bringing the department into disrepute.
February 22 2011
Madonsela releases an initial report into the matter entitled: Against the Rules -- with specific reference to the Sanlam Middestad building in Pretoria. The report lists a number of irregularities in the leasing process.
March 2 2011
The offices of the Public Protector are visited by members of the SAPS crime intelligence unit, allegedly regarding Madonsela's investigations into Cele. Police later deny it was a raid.
March 10 2011
Madonsela announces she will not revisit findings in her report, despite being asked to do so by Mahlangu-Nkabinde.
June 10 2011
Mahlangu-Nkabinde announces a moratorium on all DPW tenders to "root out corruption". The move is slammed by the media and opposition parties and labeled as political opportunism.
June 17 2011
Shabangu calls a press briefing in Pretoria to "set the record straight" and defends the leasing deals, accusing "white capitalists" of accusing him of shady deals because he is a successful black businessman.
June 18 2011
Dongwana tells the media he feared for his safety and that of his family as he felt he was pressured into approving two lease deals.
June 21 2011
Mahlangu-Nkabinde announces her intention to take the matter regarding the leases to court to pronounce legality.
July 6 2011
A shock report is published by the Star newspaper about Madonsela’s imminent arrest on charges of alleged corruption during her tenure many years before as commissioner at the South African Law Reform Commission.
July 6 2011
The Star report is published the same day as a scheduled press briefing by Madonsela about the police leases and other matters. The report is criticised as a political ploy related to Madonsela's investigations into the leases. The protector vows to continue in her investigations into the leases.
July 7 2011
Justice and Constitutional Development Minister Jeff Radebe throws his weight behind Madonsela, announcing that she did not break any laws when her company offered services to the justice department while she worked for the South Africa Law Reform Commission. Police Minister Nathi Mthethwa also announces that he has no knowledge of an imminent arrest, after consulting with Cele, and the Zuma makes his support clear as well.
July 11 2011
It is confirmed that the head of the SIU, Willie Hofmeyr, is being investigated by the Serious Economic Offences Unit for reportedly flouting supply-chain and procurement procedures in the awarding of a tender to refurbish SIU offices in Pretoria
July 14 2011
Madonsela releases a second report into the leasing scandal -- with specific reference to the Transnet building in Durban -- entitled: Against the rules too. The report finds serious fault with Mahlangu-Nkabinde and Cele during the acquisition and implementation of the leases and calls for serious remedial action. The pair are slammed for their lack of cooperation during the investigation.
July 15 to 17 2011
The weekend media announce the report as a watershed moment for Zuma, which will test his earlier support and possibly force him to take action.
July 18 2011
Cele announces a press briefing for July 19 to respond to findings by the Public Protector that his actions in connection with the two controversial building leases were unlawful, improper and constituted maladministration. The briefing is then postponed to July 21.
July 20 2011
Cele again cancels the press briefing, scheduled for the following day.
Source: Mail & Guardian
Friday, March 25, 2011
Protector agrees to probe alleged arms sales to Libya
Public Protector Thuli Madonsela agreed this week to a request by Democratic Alliance MP David Maynier to investigate allegations that South Africa sold more than 100 sniper rifles and 50 000 rounds of ammunition to Libya in late 2010.
Maynier told the Mail & Guardian he believes that the investigation could establish whether the alleged sale, brought to his attention by reliable sources, was illegal. Madonsela informed Maynier on Thursday her office would commence with a "preliminary investigation".
Maynier was expelled from Parliament on Wednesday for asking Justice Minister Jeff Radebe, chairperson of the National Conventional Arms Control Committee (NCACC), whether he had allowed the sale and, "if the answer is yes, will the honourable minister tell this House what it feels like to have blood on his hands?"
An irate ANC raised a point of order that "talk of blood on hands was unparliamentary and out of order".
In November Maynier was ejected from the House after telling Defence Minister Lindiwe Sisulu that she was telling Parliament a "big political fib" after she refused to make available to MPs reports on conditions in the military. While the sale of the arms would have taken place before a United Nations arms embargo on Libya, Maynier said he did not believe it would have complied with the provisions of South Africa's legislation, which sets a high human rights standard. "There have been multiple reports that security forces used sniper rifles to fire on protesters in Libya," he told the M&G. "The company alleged to have exported the sniper rifles and ammunition not only lists Libya as a target market in Africa, but also exhibited sniper rifles at an arms fair in Libya in 2008. We understand that the export of sniper rifles and ammunition was authorised by the NCACC."
Maynier said that parliamentary oversight of conventional arms exports had "effectively collapsed". The NCACC quarterly reports had not been distributed to members of the portfolio committee on defence and military veterans or the joint standing committee on defence. "The NCACC last appeared before the portfolio committee on defence and military veterans on September 2 2009," he said. "Radebe should appear before the portfolio committee on defence and military veterans as soon as possible to properly account to Parliament. We have to get to the bottom of whether these sniper rifles and ammunition, or indeed any other weapons, were sold to Libya."
In February Radebe confirmed that the NCACC had "duly authorised arms trade between South African companies operating in defence-related industry and the Republic of Libya". However, he said in a press release that at the time the transaction was concluded with Libya, there was no evidence that there would be any political unrest in the country. "Some in the media or through the use of the media as a platform have been quick to conclude that the deaths that have been reported in Libya during the period of political unrest have a direct link with the arms sold by the South African companies to Libya," Radebe said. "There is no evidence to back up such a claim."
Radebe said that the transactions were authorised and complied with the guiding principles and criteria set out in the law regarding the conventional arms trade. However, the details of the transactions could not be provided because of confidentiality clauses in the contracts with Libya. In his letter to Madonsela, Maynier asked that she establish who signed the transaction. "I suspect that inter alia, given the human rights standard, obligation to avoid contributing to terrorism and crime and the end-user certificate reliability criteria, that the decision to authorise the transaction did not comply with guiding principles and criteria set out in the law regulating conventional arms sales in South Africa," he wrote.
Maynier also asked the protector to look at whether information concerning conventional arms sales could be lawfully withheld from the public, given the alleged "confidentiality clauses" in the contracts with Libya.
Source: Mail & Guardian
Maynier told the Mail & Guardian he believes that the investigation could establish whether the alleged sale, brought to his attention by reliable sources, was illegal. Madonsela informed Maynier on Thursday her office would commence with a "preliminary investigation".
Maynier was expelled from Parliament on Wednesday for asking Justice Minister Jeff Radebe, chairperson of the National Conventional Arms Control Committee (NCACC), whether he had allowed the sale and, "if the answer is yes, will the honourable minister tell this House what it feels like to have blood on his hands?"
An irate ANC raised a point of order that "talk of blood on hands was unparliamentary and out of order".
In November Maynier was ejected from the House after telling Defence Minister Lindiwe Sisulu that she was telling Parliament a "big political fib" after she refused to make available to MPs reports on conditions in the military. While the sale of the arms would have taken place before a United Nations arms embargo on Libya, Maynier said he did not believe it would have complied with the provisions of South Africa's legislation, which sets a high human rights standard. "There have been multiple reports that security forces used sniper rifles to fire on protesters in Libya," he told the M&G. "The company alleged to have exported the sniper rifles and ammunition not only lists Libya as a target market in Africa, but also exhibited sniper rifles at an arms fair in Libya in 2008. We understand that the export of sniper rifles and ammunition was authorised by the NCACC."
Maynier said that parliamentary oversight of conventional arms exports had "effectively collapsed". The NCACC quarterly reports had not been distributed to members of the portfolio committee on defence and military veterans or the joint standing committee on defence. "The NCACC last appeared before the portfolio committee on defence and military veterans on September 2 2009," he said. "Radebe should appear before the portfolio committee on defence and military veterans as soon as possible to properly account to Parliament. We have to get to the bottom of whether these sniper rifles and ammunition, or indeed any other weapons, were sold to Libya."
In February Radebe confirmed that the NCACC had "duly authorised arms trade between South African companies operating in defence-related industry and the Republic of Libya". However, he said in a press release that at the time the transaction was concluded with Libya, there was no evidence that there would be any political unrest in the country. "Some in the media or through the use of the media as a platform have been quick to conclude that the deaths that have been reported in Libya during the period of political unrest have a direct link with the arms sold by the South African companies to Libya," Radebe said. "There is no evidence to back up such a claim."
Radebe said that the transactions were authorised and complied with the guiding principles and criteria set out in the law regarding the conventional arms trade. However, the details of the transactions could not be provided because of confidentiality clauses in the contracts with Libya. In his letter to Madonsela, Maynier asked that she establish who signed the transaction. "I suspect that inter alia, given the human rights standard, obligation to avoid contributing to terrorism and crime and the end-user certificate reliability criteria, that the decision to authorise the transaction did not comply with guiding principles and criteria set out in the law regulating conventional arms sales in South Africa," he wrote.
Maynier also asked the protector to look at whether information concerning conventional arms sales could be lawfully withheld from the public, given the alleged "confidentiality clauses" in the contracts with Libya.
Source: Mail & Guardian
Thursday, March 3, 2011
Crime intelligence raids Protector's office
Crime intelligence officials raided the office of the Public Protector in Pretoria on Wednesday evening in an operation that was not sanctioned by the Hawks, its spokesperson Mcintosh Polela said on Thursday. "What happened is that there was a raid at the office of the Public Protector last night by the crime intelligence," Polela said. "We condemn the raid and we didn't sanction it and we area launching an investigation to deal with the people that are responsible."
Polela said there was a "belief" that officials were looking for documents related to the Public Protector's investigation into police National Commissioner General Bheki Cele. "The belief is they were looking for documents that Cele was refused access to during the investigation by the Public Protector."
He said the Hawks were concerned about the incident. "We need to emphasise that we are concerned that it is going to be seen as an intimidation of the office of the Public Protector and we need to put it on record that we respect and support the office of the Public Protector."
Public Protector Thuli Madonsela last month issued a damning report against Cele that he allegedly unlawfully authorised a lease agreement for South African Police Service offices in Pretoria. Last month Madonsela said she found that "the accounting officer" of the South African Police Service (SAPS) was guilty of improper conduct when police authorised an alleged R500-million lease for the Sanlam Middestad Building in Pretoria. She later said this was Cele. She found that the accounting officer of the public works department was also guilty of improper conduct and maladministration. Madonsela found invalid the lease between the Department of Public Works and property tycoon Roux Shabangu's Roux Property Fund.
She said that although Cele did not sign the lease, he did sign a memorandum dated May 10 2010, which authorised funding for the lease. Cele has denied any wrongdoing.
The Protector's spokesperson declined to comment immediately, saying he was drafting a statement. "Right now, we are still working on the official comment," said Oupa Segalwe. "I can't just say things without agreeing on an approach." - Sapa
Source: Mail & Guardian Online
Polela said there was a "belief" that officials were looking for documents related to the Public Protector's investigation into police National Commissioner General Bheki Cele. "The belief is they were looking for documents that Cele was refused access to during the investigation by the Public Protector."
He said the Hawks were concerned about the incident. "We need to emphasise that we are concerned that it is going to be seen as an intimidation of the office of the Public Protector and we need to put it on record that we respect and support the office of the Public Protector."
Public Protector Thuli Madonsela last month issued a damning report against Cele that he allegedly unlawfully authorised a lease agreement for South African Police Service offices in Pretoria. Last month Madonsela said she found that "the accounting officer" of the South African Police Service (SAPS) was guilty of improper conduct when police authorised an alleged R500-million lease for the Sanlam Middestad Building in Pretoria. She later said this was Cele. She found that the accounting officer of the public works department was also guilty of improper conduct and maladministration. Madonsela found invalid the lease between the Department of Public Works and property tycoon Roux Shabangu's Roux Property Fund.
She said that although Cele did not sign the lease, he did sign a memorandum dated May 10 2010, which authorised funding for the lease. Cele has denied any wrongdoing.
The Protector's spokesperson declined to comment immediately, saying he was drafting a statement. "Right now, we are still working on the official comment," said Oupa Segalwe. "I can't just say things without agreeing on an approach." - Sapa
Source: Mail & Guardian Online
Wednesday, January 5, 2011
Cele snubs Public Protector deadline
The Public Protector has threatened to release the preliminary findings on an investigation involving a controversial R500m property deal signed by the police chief General Bheki Cele after the contract was awarded to a billionaire businessman. A clearly disappointed advocate Thuli Madonsela told The New Age yesterday that she had sent her draft report to the SA Police Services (Saps), the Treasury and Public Works Department in early December for comment. But none of the departments had responded to the findings of the Public Protector by Monday, which was the deadline set. “I will go ahead and release the findings to the public if they did not meet my new deadline of January 21,” Madonsela said.
The Public Protector conducted the investigation together with the Special Investigating Unit, headed by Willie Hofmeyr, after a complaint laid by Paul Hoffman, the director of the South African Institute for Accountability.
Madonsela said her investigators have held two interviews with Cele on the procurement processes that were followed in the controversial deal. Asked about the findings against Cele in the report, Madonsela declined to comment further. “I am considering adverse findings against either Public Works or the Saps and my final determination will depend on the information or evidence that may come through from their comments. “We did have a meeting with (Cele) and we discussed broadly the (procurement) process and a few days later we had a lengthy interview with him.”
The Public Protector’s report into the R500m property deal has angered many senior police officials, in particular Cele, who has since appointed Bowman & Gilfillan Attorneys, one of the biggest law firms in the country, to scrutinise Madonsela’s report. According to a senior police source, Cele sought private counsel despite having state attorneys and legal advisors at his disposal. The source indicated that Cele intended to challenge Madonsela’s ruling against the police on the procurement procedures that were followed to clinch the deal. “They’ve now brought in a firm of attorneys and they’ve asked them to bring in senior counsel,” said the source.
Cele signed the deal to move Saps top police brass to businessman Roux Shabangu’s building almost two months before the billionaire bought it. This comes as Nedbank, which is financing the purchase of Middestad building in Pretoria by Shabangu, is considering to pull out of the deal. Nedbank’s Ken Reynolds confirmed yesterday that the bank had asked for a copy of Madonsela’s draft report. But he denied that this was because they wanted to pull out of the property deal. “We are just making sure that whatever investigation that has happened there was nothing irregular (about the deal),” Reynolds said. “We are just covering ourselves. We’ve asked for the report and we have not been given it.” Just weeks after details of the controversial deal were published former Public Works Minister Geoff Doidge announced that the deal had been put on ice to allow for Madonsela and Hofmeyr to investigate.
Cele’s office yesterday said the general’s decision to enlist the services of legal big guns to defend himself against the allegations contained in the report was his constitutional right. “The South African Police Service is entitled, like everyone else, to the best available legal advice,” said Maj-Gen Nonkululeko Mbatha. She said the reason Cele missed the deadline to respond to Madonsela’s report was for him “to give the report adequate and considered scrutiny”. “The public protector has more than four months to compile the report.” she said.
Source: The New Age
The Public Protector conducted the investigation together with the Special Investigating Unit, headed by Willie Hofmeyr, after a complaint laid by Paul Hoffman, the director of the South African Institute for Accountability.
Madonsela said her investigators have held two interviews with Cele on the procurement processes that were followed in the controversial deal. Asked about the findings against Cele in the report, Madonsela declined to comment further. “I am considering adverse findings against either Public Works or the Saps and my final determination will depend on the information or evidence that may come through from their comments. “We did have a meeting with (Cele) and we discussed broadly the (procurement) process and a few days later we had a lengthy interview with him.”
The Public Protector’s report into the R500m property deal has angered many senior police officials, in particular Cele, who has since appointed Bowman & Gilfillan Attorneys, one of the biggest law firms in the country, to scrutinise Madonsela’s report. According to a senior police source, Cele sought private counsel despite having state attorneys and legal advisors at his disposal. The source indicated that Cele intended to challenge Madonsela’s ruling against the police on the procurement procedures that were followed to clinch the deal. “They’ve now brought in a firm of attorneys and they’ve asked them to bring in senior counsel,” said the source.
Cele signed the deal to move Saps top police brass to businessman Roux Shabangu’s building almost two months before the billionaire bought it. This comes as Nedbank, which is financing the purchase of Middestad building in Pretoria by Shabangu, is considering to pull out of the deal. Nedbank’s Ken Reynolds confirmed yesterday that the bank had asked for a copy of Madonsela’s draft report. But he denied that this was because they wanted to pull out of the property deal. “We are just making sure that whatever investigation that has happened there was nothing irregular (about the deal),” Reynolds said. “We are just covering ourselves. We’ve asked for the report and we have not been given it.” Just weeks after details of the controversial deal were published former Public Works Minister Geoff Doidge announced that the deal had been put on ice to allow for Madonsela and Hofmeyr to investigate.
Cele’s office yesterday said the general’s decision to enlist the services of legal big guns to defend himself against the allegations contained in the report was his constitutional right. “The South African Police Service is entitled, like everyone else, to the best available legal advice,” said Maj-Gen Nonkululeko Mbatha. She said the reason Cele missed the deadline to respond to Madonsela’s report was for him “to give the report adequate and considered scrutiny”. “The public protector has more than four months to compile the report.” she said.
Source: The New Age
Monday, September 13, 2010
Cele landlord faces ruin
PRETORIA businessman Roux Shabangu says he faces financial ruin while investigations into the leasing of his two buildings in the city and in Durban to the SA Police Service continue. Speaking to Sowetan at his offices in Centurion, Shabangu said he was losing R10 million a month while the Special Investigations Unit and Public Protector Thuli Madonsela investigated if there were any irregularities in the leases signed between him and the SAPS.
President Jacob Zuma ordered the investigations last month following a public outcry about General Bheki Cele having authorised the leases - R500 million for the Sanlam Middestad Centre in Pretoria and the Transnet Building in Durban for more than R200 million - without tenders. Shabangu said as far as he was concerned the lease agreements he signed with the Department of Public Works were binding and he would go to court. "There is no turning back. I can't go back to the bank and the seller and say I'm sorry the deal fell through. "The contractors are already on site and have done more than 60 percent of the work. Unfortunately, we could not stop the work. "But how is it possible that all leases are legitimate except mine? This despite the fact that 80 percent of leases signed by the DPW followed the same procedure?" Shabangu asked.
He said he was paying R3 million and R5 million for the bonds. He had also set aside R2 million for renovations. The SAPS were supposed to move in in November. The media-shy billionaire, with interests in property and mining, said the bank was already threatening him with legal action because he could not honour contractual obligations. He said he started negotiating the leases before Cele took over. Shabangu said he met General Hamilton Hlela who told him the police were looking to build their own headquarters and not rent anymore. "After making a presentation to Hlela and his colleagues, he told me he liked it but it had to go through several processes including Department of Public Works. I then went to the seller and paid a deposit of R1 million before I even signed the deeds of sale," he said.
The Sunday Times reported last month that Shabangu had bought the property shortly before it was leased by the department for the police. He said he bought the building in April and the lease was signed on July 20 between the lawyers of the department and Roux Property Fund. On July 26 the department confirmed that everything was above board. It reads: "This letter serves to confirm that the Department of Public Works has complied with all the internal processes..." But on August 10 he received another letter from the department's director-general Siviwe Dongwana stating the lease had been suspended pending an investigation. "The department now has reason to believe that not all the procurement processes were followed," says part of the letter.
Shabangu said the department could not reverse the process. "That could be a serious legal issue and a financial disaster on the department's side because they entered into a legal and binding agreement with the Roux Property Fund," he said.
Source: The Sowetan
President Jacob Zuma ordered the investigations last month following a public outcry about General Bheki Cele having authorised the leases - R500 million for the Sanlam Middestad Centre in Pretoria and the Transnet Building in Durban for more than R200 million - without tenders. Shabangu said as far as he was concerned the lease agreements he signed with the Department of Public Works were binding and he would go to court. "There is no turning back. I can't go back to the bank and the seller and say I'm sorry the deal fell through. "The contractors are already on site and have done more than 60 percent of the work. Unfortunately, we could not stop the work. "But how is it possible that all leases are legitimate except mine? This despite the fact that 80 percent of leases signed by the DPW followed the same procedure?" Shabangu asked.
He said he was paying R3 million and R5 million for the bonds. He had also set aside R2 million for renovations. The SAPS were supposed to move in in November. The media-shy billionaire, with interests in property and mining, said the bank was already threatening him with legal action because he could not honour contractual obligations. He said he started negotiating the leases before Cele took over. Shabangu said he met General Hamilton Hlela who told him the police were looking to build their own headquarters and not rent anymore. "After making a presentation to Hlela and his colleagues, he told me he liked it but it had to go through several processes including Department of Public Works. I then went to the seller and paid a deposit of R1 million before I even signed the deeds of sale," he said.
The Sunday Times reported last month that Shabangu had bought the property shortly before it was leased by the department for the police. He said he bought the building in April and the lease was signed on July 20 between the lawyers of the department and Roux Property Fund. On July 26 the department confirmed that everything was above board. It reads: "This letter serves to confirm that the Department of Public Works has complied with all the internal processes..." But on August 10 he received another letter from the department's director-general Siviwe Dongwana stating the lease had been suspended pending an investigation. "The department now has reason to believe that not all the procurement processes were followed," says part of the letter.
Shabangu said the department could not reverse the process. "That could be a serious legal issue and a financial disaster on the department's side because they entered into a legal and binding agreement with the Roux Property Fund," he said.
Source: The Sowetan
Thursday, September 2, 2010
‘Cele doesn’t need new HQ’
Police Minister Nathi Mthethwa has said there is no need for the police to lease an 18-storey building to house its headquarters, despite National Commissioner General Bheki Cele having signed a needs assessment which said it was necessary. The controversial R500 million lease agreement for the building in central Pretoria has been put on ice, as has another for new police headquarters in Durban, due to probes by the Public Protector and the Special Investigating Unit (SIU).
Mthethwa – answering questions in the National Assembly yesterday – also would not link last week’s resignation of the deputy national police commissioner to a probe into tender procedures in the police. The statements followed persistent speculation that Sunday Times journalist Mzilikazi wa Afrika’s arrest a month ago was linked to his exposé, days earlier, of alleged irregularities in the rental deal for the Pretoria building.
Cele’s deputy, Lieutenant- General Hamilton Hlela, and two of his subordinates resigned shortly after President Jacob Zuma proclaimed an SIU investigation into supply chain management at the SAPS and its building services division. Asked by Cope MP Leonard Ramatlakane whether procurement policies and tender requirements had been complied with relating to the 18-storey Sanlam Middestad building in Pretoria, the minister replied: “This is the responsibility of the Public Works Department. The SAPS identifies its accommodation needs by means assessment.” Pressed by Freedom Front Plus MP Pieter Groenewald about the need for a second headquarters for police, Mthethwa said: “There is no need for such an 18-storey building.”
However, Mthethwa later said the need for a bigger headquarters had been raised with MPs last year, along with the possibility of having one built. Asked for clarification, the minister’s parliamentary officer, Siyazi Tyatyam, said the Public Works Department had since been asked to look at alternatives, but that had been put on ice until the SIU investigation had been completed.
Groenewald said he was surprised the minister stated was no need for the building. “Why does public works then go and hire one based on a needs assessment of the police, when the minister says they don’t need a building that size? That is a very interesting response,” he said.
Public Protector Thuli Madonsela had indicated her preliminary report would be ready by the middle of this month, Groenewald said.
Source: IoL
Mthethwa – answering questions in the National Assembly yesterday – also would not link last week’s resignation of the deputy national police commissioner to a probe into tender procedures in the police. The statements followed persistent speculation that Sunday Times journalist Mzilikazi wa Afrika’s arrest a month ago was linked to his exposé, days earlier, of alleged irregularities in the rental deal for the Pretoria building.
Cele’s deputy, Lieutenant- General Hamilton Hlela, and two of his subordinates resigned shortly after President Jacob Zuma proclaimed an SIU investigation into supply chain management at the SAPS and its building services division. Asked by Cope MP Leonard Ramatlakane whether procurement policies and tender requirements had been complied with relating to the 18-storey Sanlam Middestad building in Pretoria, the minister replied: “This is the responsibility of the Public Works Department. The SAPS identifies its accommodation needs by means assessment.” Pressed by Freedom Front Plus MP Pieter Groenewald about the need for a second headquarters for police, Mthethwa said: “There is no need for such an 18-storey building.”
However, Mthethwa later said the need for a bigger headquarters had been raised with MPs last year, along with the possibility of having one built. Asked for clarification, the minister’s parliamentary officer, Siyazi Tyatyam, said the Public Works Department had since been asked to look at alternatives, but that had been put on ice until the SIU investigation had been completed.
Groenewald said he was surprised the minister stated was no need for the building. “Why does public works then go and hire one based on a needs assessment of the police, when the minister says they don’t need a building that size? That is a very interesting response,” he said.
Public Protector Thuli Madonsela had indicated her preliminary report would be ready by the middle of this month, Groenewald said.
Source: IoL
Tuesday, August 17, 2010
Police new HQ building lease on hold
The lease transaction to rent another building for R500 million for a police head office in Pretoria has been put on hold, public works minister Geoff Doidge said on Tuesday.
On August 2, the FF Plus asked Public Protector Thuli Madonsela to investigate the public works department and Police Commissioner Bheki Cele's rental contract for buildings owned by Roux Shabangu.
Speaking in the National Assembly on Tuesday, Doidge said when the 2008/09 audit report was released last year, the department held a press briefing to brief the media on the work it was doing in reviewing its supply chain management processes. And in particular, the department's entire lease portfolio. More recently, and concurrent to the department's own work in this regard, the Special Investigations Unit (SIU) was also conducting a broader investigation, which included the department's lease portfolio, he said. "Further to this, the Office of the Public Protector has served the department of public works with a communique requesting specific information regarding this specific case for the purpose of its own separate investigation." Consequently, the implementation of the lease in question was being "held in abeyance to allow space for the processes of all these investigations to be proceeded with", Doidge said.
In a statement later, FF Plus spokesman Pieter Groenewald welcomed the move. "The fact that the Minister has put this contract on hold is welcomed." The FF Plus asked Madonsela to not only investigate the contravention of rules and regulations regarding tenders, but to also to investigate whether a second building, which had to serve as another police head office, was really needed. "A second building is unnecessary and a waste of taxpayers' money. The R500 million could rather have been used to appoint more police members and increase visible policing," Groenewald said. He told Sapa Madonsela had indicated she would conclude her investigation as early as September.
The Sunday Times reported on August 1, that Cele signed the deal to move the police's top brass - including Police Minister Nathi Mthethwa - to Shabangu's 18-storey building almost two months before he bought it. The newspaper said the deal never went out to tender, in breach of Treasury regulations that all contracts over R500,000 must go through a competitive bid process.
Source: IoL
On August 2, the FF Plus asked Public Protector Thuli Madonsela to investigate the public works department and Police Commissioner Bheki Cele's rental contract for buildings owned by Roux Shabangu.
Speaking in the National Assembly on Tuesday, Doidge said when the 2008/09 audit report was released last year, the department held a press briefing to brief the media on the work it was doing in reviewing its supply chain management processes. And in particular, the department's entire lease portfolio. More recently, and concurrent to the department's own work in this regard, the Special Investigations Unit (SIU) was also conducting a broader investigation, which included the department's lease portfolio, he said. "Further to this, the Office of the Public Protector has served the department of public works with a communique requesting specific information regarding this specific case for the purpose of its own separate investigation." Consequently, the implementation of the lease in question was being "held in abeyance to allow space for the processes of all these investigations to be proceeded with", Doidge said.
In a statement later, FF Plus spokesman Pieter Groenewald welcomed the move. "The fact that the Minister has put this contract on hold is welcomed." The FF Plus asked Madonsela to not only investigate the contravention of rules and regulations regarding tenders, but to also to investigate whether a second building, which had to serve as another police head office, was really needed. "A second building is unnecessary and a waste of taxpayers' money. The R500 million could rather have been used to appoint more police members and increase visible policing," Groenewald said. He told Sapa Madonsela had indicated she would conclude her investigation as early as September.
The Sunday Times reported on August 1, that Cele signed the deal to move the police's top brass - including Police Minister Nathi Mthethwa - to Shabangu's 18-storey building almost two months before he bought it. The newspaper said the deal never went out to tender, in breach of Treasury regulations that all contracts over R500,000 must go through a competitive bid process.
Source: IoL
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