In her seven years in office‚ Public Protector Thuli Madonsela has published numerous reports which have resulted in wholesale changes to how public officials should behave with public money.
Some of these reports resulted in officials being removed from their positions and penalties being ordered. One report went to the country’s highest court‚ which affirmed the reach of the public protector’s remedial powers.
Public Protector Thuli Madonsela presenting a report on PRASA findings at Pretoria. Picture Credit: SANDILE NDLOVU
Although Madonsela said her office appreciated solving everyday cases — which she called the “Gogo Dlamini cases” — the most important cases of her tenure were those which dealt with cases of corruption at the top tier of government
As her term of office Below we take a look at some of her groundbreaking reports…
NKANDLA
By far the most significant report during the public protector’s term‚ it went on to define the weight that should be given to the remedial action the office orders.
The public protector was asked to investigate allegations of impropriety and unethical conduct relating to the installation and implementation of security and related measures at the private residence of President Jacob Zuma‚ at Nkandla in KwaZulu-Natal.
In her report in 2014‚ entitled “Secure in Comfort”‚ Madonsela said some features included in the R246-million security upgrades to Zuma‘s Nkandla residence were not security features. These included a cattle kraal‚ chicken run‚ visitors’ centre and swimming pool. She recommended that Zuma pay a reasonable percentage of the non-security upgrades.
Zuma did not comply with Madonsela’s remedial action‚ but instead commissioned another report which found he did not have to pay for the upgrades. An application by the Economic Freedom Fighters (EFF) and the Democratic Alliance (DA) before the Constitutional Court challenged Zuma’s refusal to comply with Madonsela.
The Constitutional Court held that remedial action taken by the public protector against Zuma was binding. It also held the failure by the president to comply with the remedial action taken against him was inconsistent with the Constitution and was invalid. Treasury was ordered to determine the reasonable percentage of the costs of the non-security upgrades. Treasury put this bill at R7.8-million.
LEASING OF ACCOMMODATION FOR POLICE IN PRETORIA
This case led to the removal of national police commissioner Bheki Cele.
The public protector was asked in August 2010 to investigate the alleged improper procurement of the lease of office accommodation for the SAPS in the Sanlam Middestad building in the Pretoria CBD. The complaint related to the alleged improper involvement of Cele in the procurement of two buildings in Pretoria and Durban for the police service.
In her reports‚ titled “Against the Rules” and “Against the Rules Too”‚ Madonsela found that police adjusted the need for accommodation not according to its real requirements at the time‚ but to fit the specifications of a single supplier‚ RPF‚ in respect of the Sanlam Middestad building.
Her reports resulted in Cele being fired as commissioner in 2012‚ following the recommendations of board of inquiry established to consider Cele’s role following the public protector’s recommendation.
IRREGULARITIES IN THE PROCUREMENT OF ELECTORAL COMMISSION OF SOUTH AFRICA (IEC) HEADQUARTERS.
This case resulted in the resignation of Pansy Tlakula as chair of the commisison.
The public protector‚ in 2014‚ found that the process followed by IEC chair Pansy Tlakula in the procurement of the Riverside Office Park building to accommodate the commission was irregular.
She found Tlakula had an undisclosed and unmanaged conflict of interest in the R320-million lease‚ which was awarded to Abland‚ a company in which her business partner Thaba Mufamadi had shares. The report asked the speaker of the National Assembly to consider whether action should be taken against Tlakula in light of the undisclosed and unmanaged conflict of interest and her contravention of the procurement laws.
In June 2014‚ Electoral Court Judge Lotter Wepener found Tlakula’s misconduct as then-chief executive of the IEC warranted her removal from office.
Tlakula resigned in September 2014‚ saying the process to clear her name had been drawn out and she had decided to abandon this process and her stepping down would enable the IEC to focus on the preparation for the 2016 local government elections.
Tlakula denied benefitting financially from the lease.
INVESTIGATION OF MINISTER OF COMMUNICATIONS DINA PULE
This investigation resulted in the removal of Pule as minister‚ as well as Pule being forced to apologise to Parliament.
Pule — in “Unsolicited Donation” — found herself on the wrong side of Madonsela.
Madonsela had been asked to investigate allegations of potential conflict of interest and corruption made against Pule in connection with the appointment of service providers to render event management services for the hosting of the Department of Communications’ ICT Indaba.
She was first removed as minister during the investigation.
Madonsela found that Pule caused the department to benefit her boyfriend improperly in the ICT Indaba.
A parliamentary joint committee on ethics and members’ interests found Pule had transgressed both Parliament’s ethical code and the country’s law.
She was fined an equivalent of 30 days’ salary‚ a suspension of her privileges for 15 days and exclusion from parliamentary debates during that period.
INVESTIGATING HLAUDI MOTSOENENG
The challenges to her findings in this matter are ongoing and there is a possibility that the South African Broadcasting Corporation’s (SABC) board might be dissolved as a consequence of protracted legal action.
In her report in 2014‚ titled “When Governance and Ethics Fail”‚ Madonsela found that the appointment of Motsoeneng‚ now SABC general executive of corporate affairs‚ as acting chief operating officer was irregular‚ his salary progression from R1.5-million to R2.4-million in one fiscal year was irregular and that he had misrepresented himself that he had matriculated.
INVESTIGATING IRREGULARITIES AT THE PASSENGER RAIL AGENCY OF SOUTH AFRICA (Prasa).
This investigation saw the removal of CEO Lucky Montana before the end of his contract. However‚ Montana has taken the public protector’s findings on review.
Montana is challenging the findings of the Public Protector’s report that was entitled “Derailed”‚ in which Madonsela named a number of the companies and individuals implicated in the irregular awarding of tenders at Prasa.
She made a number of adverse findings against Montana on his role as group CEO.
She found that found that Prasa improperly incurred over-expenditure amounting to more than R523.7-million and that Montana improperly terminated contracts of executives‚ resulting in fruitless and wasteful expenditure amounting to R5-milllion.
MALEMA’S ON-POINT TENDER LINK
Julius Malema‚ who was then African National Congress Youth League president in 2012‚ found himself mentioned 74 times in a report by the public protector on an investigation into allegations of improper conduct relating to the awarding of contracts for goods and services by the Limpopo Department of Roads and Transport to a company called On-Point Engineers.
The report‚ “On the Point of Tenders”‚ said the investigation was launched following complaints that Malema used his political position to influence the awarding of tenders by the Department of Roads and Transport to certain companies where he was.
It was further alleged that Malema improperly benefitted from corrupt kickbacks paid to him by the companies involved‚ via the Ratanang Family Trust‚ set up by him.
The public protector found in October 2012 that the Ratanang Family Trust benefitted improperly from the unlawful‚ fraudulent and corrupt conduct of On-Point and maladministration of the department.
As part of her remedial action‚ she asked the Master of the North Gauteng High Court to initiate an investigation into the administration and disposal of the trust property of the Ratanang Family Trust
FISHERIES MINISTER TINA JOEMAT-PETTERSSON’S FISHY BUSINESS
The public protector‚ in her report titled “Docked Vessels”‚ recommended that Zuma should consider taking disciplinary action against Joemat-Pettersson for her “reckless dealing with state money and services‚ resulting in fruitless and wasteful expenditure‚ loss of confidence in the fisheries industry in SA‚ and alleged decimation of fisheries resources in SA”.
The public protector found that the awarding of an R800-million tender for the manning and maintainence of state-owned marine patrol vessels for a period of five years‚ to Sekunjalo amounted to maladministration.
SICELO SHICEKA’S HIGH LIFE
During 2011‚ accusations were levelled at the late Minister of Provincial and Local Government Sicelo Shiceka for abusing taxpayer money by using public funds to pay for luxury hotel stays‚ limousine services and first-class air travel tickets while flying for personal reasons.
These allegations led to widespread calls from opposition parties for his dismissal. However Parliament’s Ethics Committee responded by calling on the public protector to investigate the allegations contained in a newspaper report under the headline “Minister splurges public money”.
In her report‚ titled “In the Extreme”‚ Madonsela found Shiceka’s visit to Switzerland in 2008 to visit his girlfriend jailed on drug-related charges using taxpayers’ money constituted a violation of the Executive Ethics Code.
She also found that his repeated stay in the expensive One and Only Hotel during his official visits in Cape Town‚ despite having taken occupation of his official residence in the city‚ constituted a violation of the Executive Ethics Code and the Constitution.
She recommended that Zuma take serious action against Shiceka for his violation of the Executive Ethics Code.
Shiceka died in April 2012 after a long illness. — TMG Digital
Bheki Cele‚ Dina Pule and Julius Malema - the big names stung by Thuli Madonsela
In her seven years in office‚ Public Protector Thuli Madonsela has published numerous reports which have resulted in wholesale changes to how public officials should behave with public money.
Some of these reports resulted in officials being removed from their positions and penalties being ordered. One report went to the country’s highest court‚ which affirmed the reach of the public protector’s remedial powers.
Although Madonsela said her office appreciated solving everyday cases — which she called the “Gogo Dlamini cases” — the most important cases of her tenure were those which dealt with cases of corruption at the top tier of government
As her term of office Below we take a look at some of her groundbreaking reports…
NKANDLA
By far the most significant report during the public protector’s term‚ it went on to define the weight that should be given to the remedial action the office orders.
The public protector was asked to investigate allegations of impropriety and unethical conduct relating to the installation and implementation of security and related measures at the private residence of President Jacob Zuma‚ at Nkandla in KwaZulu-Natal.
In her report in 2014‚ entitled “Secure in Comfort”‚ Madonsela said some features included in the R246-million security upgrades to Zuma‘s Nkandla residence were not security features. These included a cattle kraal‚ chicken run‚ visitors’ centre and swimming pool. She recommended that Zuma pay a reasonable percentage of the non-security upgrades.
Zuma did not comply with Madonsela’s remedial action‚ but instead commissioned another report which found he did not have to pay for the upgrades. An application by the Economic Freedom Fighters (EFF) and the Democratic Alliance (DA) before the Constitutional Court challenged Zuma’s refusal to comply with Madonsela.
The Constitutional Court held that remedial action taken by the public protector against Zuma was binding. It also held the failure by the president to comply with the remedial action taken against him was inconsistent with the Constitution and was invalid. Treasury was ordered to determine the reasonable percentage of the costs of the non-security upgrades. Treasury put this bill at R7.8-million.
LEASING OF ACCOMMODATION FOR POLICE IN PRETORIA
This case led to the removal of national police commissioner Bheki Cele.
The public protector was asked in August 2010 to investigate the alleged improper procurement of the lease of office accommodation for the SAPS in the Sanlam Middestad building in the Pretoria CBD. The complaint related to the alleged improper involvement of Cele in the procurement of two buildings in Pretoria and Durban for the police service.
In her reports‚ titled “Against the Rules” and “Against the Rules Too”‚ Madonsela found that police adjusted the need for accommodation not according to its real requirements at the time‚ but to fit the specifications of a single supplier‚ RPF‚ in respect of the Sanlam Middestad building.
Her reports resulted in Cele being fired as commissioner in 2012‚ following the recommendations of board of inquiry established to consider Cele’s role following the public protector’s recommendation.
IRREGULARITIES IN THE PROCUREMENT OF ELECTORAL COMMISSION OF SOUTH AFRICA (IEC) HEADQUARTERS.
This case resulted in the resignation of Pansy Tlakula as chair of the commisison.
The public protector‚ in 2014‚ found that the process followed by IEC chair Pansy Tlakula in the procurement of the Riverside Office Park building to accommodate the commission was irregular.
She found Tlakula had an undisclosed and unmanaged conflict of interest in the R320-million lease‚ which was awarded to Abland‚ a company in which her business partner Thaba Mufamadi had shares. The report asked the speaker of the National Assembly to consider whether action should be taken against Tlakula in light of the undisclosed and unmanaged conflict of interest and her contravention of the procurement laws.
In June 2014‚ Electoral Court Judge Lotter Wepener found Tlakula’s misconduct as then-chief executive of the IEC warranted her removal from office.
Tlakula resigned in September 2014‚ saying the process to clear her name had been drawn out and she had decided to abandon this process and her stepping down would enable the IEC to focus on the preparation for the 2016 local government elections.
Tlakula denied benefitting financially from the lease.
INVESTIGATION OF MINISTER OF COMMUNICATIONS DINA PULE
This investigation resulted in the removal of Pule as minister‚ as well as Pule being forced to apologise to Parliament.
Pule — in “Unsolicited Donation” — found herself on the wrong side of Madonsela.
Madonsela had been asked to investigate allegations of potential conflict of interest and corruption made against Pule in connection with the appointment of service providers to render event management services for the hosting of the Department of Communications’ ICT Indaba.
She was first removed as minister during the investigation.
Madonsela found that Pule caused the department to benefit her boyfriend improperly in the ICT Indaba.
A parliamentary joint committee on ethics and members’ interests found Pule had transgressed both Parliament’s ethical code and the country’s law.
She was fined an equivalent of 30 days’ salary‚ a suspension of her privileges for 15 days and exclusion from parliamentary debates during that period.
INVESTIGATING HLAUDI MOTSOENENG
The challenges to her findings in this matter are ongoing and there is a possibility that the South African Broadcasting Corporation’s (SABC) board might be dissolved as a consequence of protracted legal action.
In her report in 2014‚ titled “When Governance and Ethics Fail”‚ Madonsela found that the appointment of Motsoeneng‚ now SABC general executive of corporate affairs‚ as acting chief operating officer was irregular‚ his salary progression from R1.5-million to R2.4-million in one fiscal year was irregular and that he had misrepresented himself that he had matriculated.
INVESTIGATING IRREGULARITIES AT THE PASSENGER RAIL AGENCY OF SOUTH AFRICA (Prasa).
This investigation saw the removal of CEO Lucky Montana before the end of his contract. However‚ Montana has taken the public protector’s findings on review.
Montana is challenging the findings of the Public Protector’s report that was entitled “Derailed”‚ in which Madonsela named a number of the companies and individuals implicated in the irregular awarding of tenders at Prasa.
She made a number of adverse findings against Montana on his role as group CEO.
She found that found that Prasa improperly incurred over-expenditure amounting to more than R523.7-million and that Montana improperly terminated contracts of executives‚ resulting in fruitless and wasteful expenditure amounting to R5-milllion.
MALEMA’S ON-POINT TENDER LINK
Julius Malema‚ who was then African National Congress Youth League president in 2012‚ found himself mentioned 74 times in a report by the public protector on an investigation into allegations of improper conduct relating to the awarding of contracts for goods and services by the Limpopo Department of Roads and Transport to a company called On-Point Engineers.
The report‚ “On the Point of Tenders”‚ said the investigation was launched following complaints that Malema used his political position to influence the awarding of tenders by the Department of Roads and Transport to certain companies where he was.
It was further alleged that Malema improperly benefitted from corrupt kickbacks paid to him by the companies involved‚ via the Ratanang Family Trust‚ set up by him.
The public protector found in October 2012 that the Ratanang Family Trust benefitted improperly from the unlawful‚ fraudulent and corrupt conduct of On-Point and maladministration of the department.
As part of her remedial action‚ she asked the Master of the North Gauteng High Court to initiate an investigation into the administration and disposal of the trust property of the Ratanang Family Trust
FISHERIES MINISTER TINA JOEMAT-PETTERSSON’S FISHY BUSINESS
The public protector‚ in her report titled “Docked Vessels”‚ recommended that Zuma should consider taking disciplinary action against Joemat-Pettersson for her “reckless dealing with state money and services‚ resulting in fruitless and wasteful expenditure‚ loss of confidence in the fisheries industry in SA‚ and alleged decimation of fisheries resources in SA”.
The public protector found that the awarding of an R800-million tender for the manning and maintainence of state-owned marine patrol vessels for a period of five years‚ to Sekunjalo amounted to maladministration.
SICELO SHICEKA’S HIGH LIFE
During 2011‚ accusations were levelled at the late Minister of Provincial and Local Government Sicelo Shiceka for abusing taxpayer money by using public funds to pay for luxury hotel stays‚ limousine services and first-class air travel tickets while flying for personal reasons.
These allegations led to widespread calls from opposition parties for his dismissal. However Parliament’s Ethics Committee responded by calling on the public protector to investigate the allegations contained in a newspaper report under the headline “Minister splurges public money”.
In her report‚ titled “In the Extreme”‚ Madonsela found Shiceka’s visit to Switzerland in 2008 to visit his girlfriend jailed on drug-related charges using taxpayers’ money constituted a violation of the Executive Ethics Code.
She also found that his repeated stay in the expensive One and Only Hotel during his official visits in Cape Town‚ despite having taken occupation of his official residence in the city‚ constituted a violation of the Executive Ethics Code and the Constitution.
She recommended that Zuma take serious action against Shiceka for his violation of the Executive Ethics Code.
Shiceka died in April 2012 after a long illness. — TMG Digital
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