President Jacob Zuma does not face any deadline to respond or take action in the wake of the damning report public protector’s on corruption in the leasing of buildings for the South African Police Service (SAPS), it emerged on Monday.
While it has been widely reported that Zuma faced a 60-day deadline from the release of the report to reply and take remedial action, it is in fact Public Works Minister Gwen Mahlangu-Nkabinde who is obliged to respond.
The report, entitled Against the Rules Too, was released by the public protector, advocate Thuli Madonsela, on July 14, and detailed severe irregularities in the letting of the Middestad and Transnet buildings to the police by controversial businessman Roux Shabangu.
The report shows how members of the police services and Mahlangu-Nkabinde flouted regulatory processes in awarding the tender for the lease of the buildings to Shabangu’s company Roux Property Fund.
At the time of the report’s release, Madonsela said she “expected the president to the right thing”, but at no time did she urge Zuma to act or respond within a specified timeframe.
Action, not reaction
Point 17.1.1 on page 129 of the report clearly states Zuma is “to consider taking action against the minister of public works for her actions referred to in the report”, but nowhere suggests that the president is required to respond to the report.
Just one page later, in point 17.1.2.1, Madonsela clearly indicates her request for Mahlangu-Nkabinde to “report to Cabinet on her actions”.
Nonetheless, Zuma’s spokesperson Mac Maharaj assured the M&G the president was still dealing with the matter.
“The president has undertaken a considerable amount of work already in response to the public protector’s report. Unfortunately most of what is being done is at this stage difficult to disclose without prejudicing those affected by the report. Due process is being followed and people are being given an opportunity to respond as required by the law and the president will make his decision known in due course,” Maharaj said.
Maharaj would not say when Zuma would respond or take action.
“He takes this report seriously and that is why he has decided not to take hasty or haphazard decisions,” Maharaj added.
However, Zuma previously missed a deadline to respond to Madonsela’s previous report into the matter.
‘No comment’
The spokesperson for the department of public works, Sam Mkhwanazi, declined to answer questions posed to him by the M&G on Mahlangu-Nkabinde’s readiness to respond to the report.
“What I understand is that the matter is before Parliament as we speak, so we cannot comment,” he said.
But Madonsela confirmed on Monday that she had not received a reply from Mahlangu-Nkabinde’s office.
“If we don’t get an answer and it’s clear they do not want to cooperate, then we will subpoena,” Madonsela told the Cape Town Press Club on Monday.
Madonsela said the deadline for the minister’s response was Wednesday, September 14.
“That is the deadline for the minister of public works to present her case to the Cabinet. I do not want to prejudge that. Until I have heard from the Cabinet secretary I am not in a position to say more,” she added.