Mkhwebane ‘awaits’ convictions after arrests in Free State asbestos case



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  • Public protector Busisiwe Mkhwebane praised the arrests in the Free State asbestos audit case, which the institution also investigated.
  • Collegiality and the “passing of the witness” from one agency to another as the case progresses will lead to people having full trust in the system, he says.
  • Mkhwebane says it can be demoralizing to see people involved in investigations left unchallenged in court, being appointed to positions of responsibility, as if they were rewarded.

Public protector Busisiwe Mkhebane said she was encouraged to see the institutions taking action on the Free State’s asbestos auditing contract, which her office had also recommended be investigated by the police.

He said the move sent the message that “there will be consequences for unscrupulous behavior.”

“One of the obstacles to eradicating corruption and related diseases is impunity,” Mkhwebane said in response to questions from News24.

“Sometimes we see that people against whom we have made adverse findings are appointed to positions of responsibility, although the findings in question are not challenged in court. It is almost as if they are being rewarded.”

“This has the potential to demoralize those who are [involved] in promoting good governance and providing quality services, especially for grassroots communities. “

He praised the “atmosphere of collegiality” among state institutions.

EXPLANATOR | What You Need To Know About The Free State Asbestos Deal

“When one has done his part in accordance with his powers and handed over the witness to the other, the latter institution must handle the matter properly. Only then will people fully trust and believe in the system.”

“We look forward to seeing those arrested and charged, convicted by the court. Only then will we fully see the fruit of our work.”

On Thursday, the Directorate of Priority Crimes detained the seventh person they were looking for after a raid by three government officials and three businessmen on Wednesday.

They were due to appear in Bloemfontein Magistrates Court on Friday to face 60 charges, the Hawks said.

Five companies were implicated in the multi-agency raid, which included the involvement of the Special Investigation Unit. In a statement, the Hawks said the acquisition was allegedly made “fraudulently and corruptly” through a long-standing Gauteng provincial government contract to obtain the money from the Treasury.

The case focused on R255m paid in a project by the Free State human settlements department to find out how many houses in the province still had roofs containing asbestos, a hazardous material in a domestic environment.

The work was outsourced and around 36,000 houses were audited at a cost of around R21 million.

The DA member of the provincial legislature who filed the complaint with the Public Protector, Leona Kleynhans, said the rest of the money appeared to have been “wasted.”

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