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Public protector Busisiwe Mkhwebane, left, and ANC Secretary General Ace Magashule. (Photos: Media24 / Tebogo Letsie | Gallo Images / Deaan Vivier)
The consensus may be that the criminal justice network is narrowing around ANC Secretary General Ace Magashule, but that is not the case in the world of Public Protector Busisiwe Mkhwebane. In a batch of 14 reports released Wednesday, Mkhwebane once again clears Magashule of wrongdoing.
Public protector Busisiwe Mkhwebane exonerated former Free State Prime Minister Ace Magashule in her latest report on misconduct during Magashule’s tenure.
Investigating a claim that Magashule violated the Code of Executive Ethics by providing false information to the Free State legislature, Mkhwebane concluded: “The allegation is without foundation.”
The complaint against Magashule was filed by Free State Deputy Prosecutor Roy Jankielsohn, who alleged that Magashule twice misled the provincial legislature in written responses to questions. The former Free State Prime Minister was alleged to have lied when he said his office was not involved in the funeral arrangements in 2012 for the late Free State Health MEC Fundiswa Ngubentombi, as a letter from his office showed that to municipal officials they had been informed of the funeral costs. it would be reimbursed by the provincial government.
Magashule was further alleged to have lied when he told the provincial legislature in May 2015 that he was unaware of a Treasury report investigating an irregular contract between his office and a firm called Letlaka Communications.
On the information provided by Magashule on Ngubentombi’s funeral, the Public Protector found that “the response of the former prime minister may have been somewhat vague and to some extent inappropriate, but it cannot be considered evasive and / or misrepresented of the facts.”
In regards to the Treasury report investigating the dubious contract, Mkhwebane determined that there were three versions of the report in circulation when Magashule gave its response, and one was leaked.
“The former prime minister’s responses to the questions were formulated in order to determine which version of the report was being referred to in light of the possibility that it could be the leaked version,” Mkhwebane said.
“In this sense, your answer cannot be construed as misleading in any way, given the context in which it was provided.”
However, Mkhwebane made adverse findings against one of the members of the Magashule Free State Cabinet: former MEC of public works and infrastructure Sam Mashinini.
The Public Protector determined that Mashinini misled the legislature, when he stated that his department had never agreed to pay the bill for Ngubentombi’s funeral, contrary to the directive from the Magashule office that the provincial government would reimburse the municipality for costs incurred.
Mashinini argued that he provided incorrect information by mistake, as he did not have the facts at hand when he gave his answer. Mkhwebane accepted that Mashinini “inadvertently” misled the legislature and, in doing so, violated the Constitution and the Executive Ethics Act.
Mashinini is currently the MEC of the Free State of Police, Roads and Transportation. Jankielsohn of the district attorney stated in response to the Public Protector’s findings that Mashinini’s continued presence on the provincial executive committee was unsustainable and that he should be removed from office.
Jankielsohn’s statement added that the district attorney “is still in the process of evaluating the Public Protector’s findings that again clear Mr. Magashule of wrongdoing.”
Mkhewebane has some form in this area. Most notably, the Public Protector did not make any adverse findings against Magashule in his Investigation of the Vrede dairy farm, with a senior staff member claiming that Mkhwebane ordered the removal of any convictions against Magashule and former Free State Agriculture MEC MEC Mosebenzi Zwane.
As reported by Daily maverick last weekIn the same batch of reports, Mkhwebane also chose to remain silent on the conduct of former Energy Minister Tina Joemat-Pettersson regarding the 2015 attempted sale of 10 million barrels of South Africa’s emergency oil reserves. Instead, Public Protector singled out the former CEO of the Strategic Fuel Fund Association, Sibusiso Gamede, for sanction.
Freedom Front Plus MP Anton Alberts, who was one of two MPs who filed a complaint with the Office of the Public Protector over the sale of strategic fuel stocks, said Daily maverick he was puzzled by Joemat-Pettersson’s virtual invisibility in the final report.
“The FF Plus specifically requested the Public Protector to investigate the possible responsibility of Minister Tina Joemat-Petterson in the sale of the strategic fuel stock that exposed the country to a possible fuel crisis. In the end, the Public Protector made findings of wrongdoing, but for reasons not entirely unfathomable, he only pointed the finger at Mr. Gamede in this regard, ”Alberts said.
“The investigation does not clarify whether the minister knew of the breach caused by Mr. Gamede and forgave him or if she was actually deceived. Nor is there clarity on all aspects of the breach, which were the responsibility of the minister and which of Mr. Gamede.
Alberts added that the party hoped the criminal investigation into the matter would “deepen.”
The Public Protector’s report on this issue continues Mkhwebane’s failure in 2019 to make finds on Joemat-Pettersson’s conduct regarding the signing of the archived nuclear deal between South Africa and Russia.
Public Protector closes investigation into nuclear deal, unable to make findings
Mkhwebane’s apparent shyness of politicians like Joemat-Pettersson and Magashule stands in stark contrast to his appetite for taking on the Minister of Public Enterprises, Pravin Gordhan. In North Gauteng High Court this week, Mkhwebane’s lawyers argue that Gordhan should be held criminally liable for approving the early retirement of South African Revenue Service Deputy Commissioner Ivan Pillay.
When asked about the journalists’ legal procedures at the Wednesday press conference that released the latest batch of reports, Mkhwebane replied that Gordhan’s conduct had been an “insult to the Public Protector.”
As examples of the insults directed against her, Mkhwebane said that she had been accused of being corrupt, supporting state capture and being part of the “Fight Back” campaign.
Mkhwebane said that both the Public Protection Act and the Constitution were clear:
“No one should insult the Public Protector.” DM
