A Limpopo MEC is in hot water for usurping the powers of her officials to personally award a tender.
An investigation by the public protector's office has found that Mapula Mokaba-Phukwana, MEC for agriculture and rural development, personally awarded a tender to a forensic firm. Mokaba-Phukwana gave the tender to a company called MPA Investigation Team in 2014. She was transport MEC at the time.
Mokaba-Phukwana conceded that she appointed MPA Investigation Team without proper legal authority. She argued this was because no one was fit to run the tendering process as many senior officials in the department were implicated in corruption.
The report however said she failed to prove her action was within the ambit of the law.
"Despite the MEC's contention that she may do so under certain circumstances, she could however not refer to any legal prescript which provided her with the authority to make such an appointment even under such circumstances in which she sought to justify the appointment," it reads.
The report said her argument was "misconstrued and amounts to abuse of public authority".
Jossey Buthane, a provincial leader of the EFF, formally complained to the former public protector Thuli Madonsela in 2015.
In February 2015 Kenneth Brown, then chief procurement officer in National Treasury, wrote a letter to the head of Limpopo finance department Gavin Pratt, ordering him to immediately end the irregular contract.
Brown cautioned that "interference by the MEC in supply chain management processes [was] seriously prejudicial to proper financial management". But MPA had already been paid more than R482000 by then .
Public protector Busisiwe Mkhwebane has directed Limpopo premier Stan Mathabatha to work with Treasury to "determine the exact amount of the irregular expenditure" the transport department "incurred. as a result of MEC Mokaba-Phukwana's conduct".
Mathabatha should recover such irregular expenditure from the MEC, said the report.
He must also consider taking appropriate disciplinary action against Mokaba-Phukwana.
Phuti Seloba, Mathabatha's spokesman, told Sowetan the premier was yet to decide what action to take.
"As the government we're studying the report and consulting relevant legal minds," Seloba said.
"We'll definitely, at the right time, implement the remedial action. We'll then make public announcements."
Joel Seabi, Mokaba-Phukwana's spokesman, confirmed the MEC was seeking to have the report reviewed.
"There are certain things in the report that she's not satisfied with, which have prompted her to take it on judicial review."
nkosib@sowetan. co.za
MEC wrong to award a tender
A Limpopo MEC is in hot water for usurping the powers of her officials to personally award a tender.
An investigation by the public protector's office has found that Mapula Mokaba-Phukwana, MEC for agriculture and rural development, personally awarded a tender to a forensic firm. Mokaba-Phukwana gave the tender to a company called MPA Investigation Team in 2014. She was transport MEC at the time.
Mokaba-Phukwana conceded that she appointed MPA Investigation Team without proper legal authority. She argued this was because no one was fit to run the tendering process as many senior officials in the department were implicated in corruption.
The report however said she failed to prove her action was within the ambit of the law.
"Despite the MEC's contention that she may do so under certain circumstances, she could however not refer to any legal prescript which provided her with the authority to make such an appointment even under such circumstances in which she sought to justify the appointment," it reads.
The report said her argument was "misconstrued and amounts to abuse of public authority".
Jossey Buthane, a provincial leader of the EFF, formally complained to the former public protector Thuli Madonsela in 2015.
In February 2015 Kenneth Brown, then chief procurement officer in National Treasury, wrote a letter to the head of Limpopo finance department Gavin Pratt, ordering him to immediately end the irregular contract.
Brown cautioned that "interference by the MEC in supply chain management processes [was] seriously prejudicial to proper financial management". But MPA had already been paid more than R482000 by then .
Public protector Busisiwe Mkhwebane has directed Limpopo premier Stan Mathabatha to work with Treasury to "determine the exact amount of the irregular expenditure" the transport department "incurred. as a result of MEC Mokaba-Phukwana's conduct".
Mathabatha should recover such irregular expenditure from the MEC, said the report.
He must also consider taking appropriate disciplinary action against Mokaba-Phukwana.
Phuti Seloba, Mathabatha's spokesman, told Sowetan the premier was yet to decide what action to take.
"As the government we're studying the report and consulting relevant legal minds," Seloba said.
"We'll definitely, at the right time, implement the remedial action. We'll then make public announcements."
Joel Seabi, Mokaba-Phukwana's spokesman, confirmed the MEC was seeking to have the report reviewed.
"There are certain things in the report that she's not satisfied with, which have prompted her to take it on judicial review."
nkosib@sowetan. co.za
Would you like to comment on this article?
Register (it's quick and free) or sign in now.
Please read our Comment Policy before commenting.
Trending
Latest Videos