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By IOL Reporter 
23h ago
Cape Town – Public Protector (PP) Busisiwe Mkhwebane has now “exhausted all avenues to delay the accountability of high-level politicians involved in the controversial Gupta-linked Vrede Dairy Project, and must now finalize the report.”
This was stated on Friday by Roy Jankielsohn MPL, leader of the official opposition in the Free State legislature after the Constitutional Court’s order to dismiss his appeal of the Vrede Dairy Project with costs.
The order follows the request of the PP on July 8 to the Constitutional Court to annul the denial of its request by the Supreme Court of Appeal to appeal the result of the Superior Court ruling.
“’The constant denial tactics of the political architects of the Vrede Dairy Project have so far been assisted by the PP’s legal delay tactics,’ ‘Jankielsohn said.
The agreement between Estina and the government of the Free State was initiated, elaborated and signed in the office of the former Prime Minister of the Free State, Ace Magashule, now secretary general of the ANC, who has been called to appear before the Integrity Commission, under false pretenses, he added.
In her ruling, Judge Tolmay, citing an earlier court ruling, further indicated that “the Public Protector must not only discover the truth, but must also inspire confidence that the truth has been discovered.”
Jankielsohn said: “The truth about the Vrede Dairy Project cannot ignore the crucial role of several high-ranking politicians in the Free State province who for questionable reasons sacrificed the hopes and aspirations for a better life of 80 impoverished beneficiaries.”
The following timeline indicates how the PP has abused the courts to deny justice to the 80 impoverished beneficiaries of the Vrede Dairy Project and to delay the accountability of politicians who participated in funneling money to the Gupta family, who are central to the State accusations. capture:
- After the publication of a flagrantly inappropriate report on applications between 2013 and 2016 by the district attorney for investigations into the Vrede dairy project, the district attorney submitted this to judicial review in the High Court. On May 20, 2019, Gauteng High Court Judge Tolmay declared that the initial investigation report of the PP’s Vrede Dairy Project had been “annulled and declared illegal, unconstitutional and invalid.”
- Then, the PP tried to obtain permission to appeal this sentence, which was denied by the Superior Court on December 15, 2019.
- Subsequently, Justices Wallis and Schippers of the Supreme Court of Appeals of the Supreme Court of Appeals also dismissed an appeal request from the Supreme Court’s decision on June 21, 2020 on the grounds that “there was no reasonable prospect of success. on appeal and there were no other reasons why an appeal should be heard ”.
- In a deliberate attempt to delay the publication of a report, he has filed an appeal request with the Constitutional Court on July 3, 2020.
- On August 26, 2020, the Constitutional Court rejected the PP’s request to appeal the Superior Court judgment with costs, alleging that “it has no reasonable prospect of success.”
The implication of the politicians on whom the PP is delaying in adjudicating is clear when the following are taken into account, Jankielsohn said.
- The government of the Free State under Magashule continued to allocate funds to this project despite a National Treasury Report that exposed financial mismanagement and withdrawal of funds by the National Department of Agriculture for this very reason.
- The prime minister and several MECs ignored the recommendation of the National Treasury Report which indicated that disciplinary measures should be taken against the former head of the provincial Department of Agriculture and Rural Development.
- Former Agriculture MEC Mosebenzi Zwane was an architect for this project and allegedly attempted to cover up the project’s alleged R30 million allocation to Gupta’s wedding in Sun City and the illegal landing of a plane at Waterkloof Air Force Base carrying invited to the same wedding.
- After canceling the contract between Estina and the provincial government on 12 August 2014, a further R 106 million was paid to Estina in subsequent financial years.
- Former Prime Minister Magashule admitted that a guest house was purchased with government funds and transferred to the name of Estina’s manager on the project.
- The former prime minister and the MECs were aware of the misconduct in the project and not only ignored it, but did not report it to the necessary law enforcement agencies for the investigation, which is in itself a crime.
- After extensive references to beneficiaries in the Free State legislature by various MECs, they were never included in this project, eliminating the very reason for their existence as a legitimate agricultural project.
- During the judicial review process, the PP cited the lack of resources to carry out the necessary investigations as reasons why the initial investigation could not address all the issues.
“The DA now encourages the PP to finalize the Vrede Dairy Project report with the same vigor and haste with which it was shown to seek legal resources. It is time for the PP to demonstrate critical thinking and restore faith in the state institution, ” Jankielsohn said.
“The DA remains committed to ensuring that justice prevails for the beneficiaries of the Vrede Dairy Project, and wants the political architects involved to be held accountable for their participation in the project.”
MESS
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