Mkhwebane on the Vrede dairy project: Ace Magashule and company ‘failed’ to hold state functions accountable



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Ace Magashule, Secretary General of the ANC.

Ace Magashule, Secretary General of the ANC.

  • The public protector Busisiwe Mkhwebane discovered that there was political participation in the Vrede Dairy Project.
  • He said top-tier leadership, including Ace Magashule, did not exercise oversight responsibilities adequately.
  • He said that the project must be reactivated and that the beneficiaries receive what was intended for them.

The office of Public Protector Busisiwe Mkhwebane has discovered that there was political involvement in the Vrede Dairy Project in the Free State, implicating former Prime Minister Ace Magashule and Mosebenzi Zwane linked to Gupta.

“The process followed by the then executive of the provincial government of the Free State to approve the Vrede Dairy Project after it was presented for consideration by the former MEC of the Department of Agriculture and Rural Development, and then through the conclusion of the agreement with Estina, gives credit to the accusation of political involvement in the project, “he said Monday.

Mkhwebane’s office was releasing 14 reports after the conclusion of several investigations. Five of the 14 reports found the allegations unsubstantiated, but the rest had adverse findings.

Regarding his investigation on Estina, he said there was outside interference from the evidence he had analyzed.

“The evidence I considered to reach my conclusion confirms the presence of outside involvement and undue influence of people linked to the Gupta family on politicians in how the project was conceptualized and implemented.”

Mkhwebane found that top-tier leadership had not supervised.

READ | Public protector Busisiwe Mkhwebane trusts she will be acquitted in case of perjury

He said that Magashule, former MEC Zwane, Mamiki Qabathe and Elzabe Rockman, “… did not fulfill the oversight responsibilities entrusted to them in terms of sections 125, 133, 136 and 195 of the Constitution.

“[This]even after receiving the [auditor general’s] report that notified the [Free State government] of irregularities related to the Vrede Milk Project “.

She said Magashule, Zwane, Qabathe and Rockman “failed” to hold state functions accountable.

“In this regard [this] therefore it amounts to mismanagement and misconduct … “

Mkhwebane also found that the allegation that the executive “… improperly allocated funds to guarantee Estina’s payment even after the cancellation of the contract by the Department of Agriculture and Rural Development, is justified.

“The continued approval by EXCO of the allocation of funds for [the] The Mohoma Mobung project to guarantee payments to Estina, long after the contract was terminated, is incorrect. “

Corrective action, prosecution

Mkhwebane also found out that Magashule was actually involved in the project.

“Furthermore, Mr. Magashule’s assertion under oath that he did not participate in the project or its execution is contradicted by the evidence provided during the investigation, some of which comes from former EXCO members whom I interviewed and even from whom I received affidavits “.

Among the recommendations for corrective actions, Mkhwebane said the Investigation Directorate should, “… consider this report in conjunction with its current investigation in relation to possible criminal charges, including offenses under the Prevention of Organized Crime Act, with regarding the Vrede Dairy Project.

“In closing, I look forward to the acceptance of the findings and the full implementation of the corrective measures in all previous reports in the interest of good governance and the rule of law. When clarity is needed, we are available to help.”

READ ALSO | Vrede Dairy Farm: LRC Welcomes Decision to Dismiss Mkhwebane’s Offer to Appeal Judgment

He also reported that within 30 business days after receiving his report, the president of the government of the Free State had to present it, “… before the Chamber, for deliberations and consideration of issues related to my findings.

“Within 30 business days after receipt of this report [they must] to ensure that measures are adopted so that the members of the executive are admitted and are sufficiently trained in their responsibilities of accountability and supervision, as provided in the pertinent sections of the constitution cited in this report. “

He said the Free State government had to consider imposing appropriate sanctions against Qabathe in its role with Estina, “… and its failure to exercise oversight responsibility as the MEC for Agriculture and Rural Development.”

Mkhwebane said the project should also be reactivated within 60 business days of the report, “… and the beneficiaries, as 51% shareholders, are full participants in the project according to the same vision of Mohoma Mobung that was envisioned by the government of the Free State “. executive when he launched the Vrede Dairy Project as his ‘flagship project’ “.

Commenting on the consequences for Magashule and others, Office of Public Protectors spokesman Oupa Segalwe said that because those against whom adverse findings were made are no longer in government “it would be impractical to take corrective action against them.”

“The ball is now in the court of the Hawks to review the report and, to the extent that the acts of impropriety in the report may point to criminal conduct, presume a criminal investigation against the perpetrators.”


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