/ 7 December 2001

Probe into top provincial official renewed

Barry Streek

The public protector is investigating alleged unlawful conduct by National Council of Provinces secretary Lulu Matyolo, after a top parliamentary official declined to act against her.

Public Protector Selby Baqwa confirmed this week that he was investigating the matter. The inquiry was also confirmed by the secretary to Parliament, Sindiso Mfenyane.

Matyolo was suspended at the end of July but reinstated two weeks later after Mfenyane said an investigation report “contained no substantial evidence that merited further action”. This was despite a recommendation by Parliament’s legal division that she be charged with misconduct.

Concerned parliamentary staff, who refused to be identified because they feared victimisation, wrote to Baqwa asking him to investigate.

The earlier inquiry by the legal division found “prima facie evidence of Ms Matyolo threatening and intimidating a subordinate to perform an unlawful act by instructing him to backdate or ensure that an application form for EUPSP [European Union Parliamentary Support Programme] is backed by Mr [Gordon] Wilson [a senior parliamentary official responsible for this programme]”.

It said allegations of nepotism and the payment of private cellular phone calls fell outside the brief of the investigation, but that “the allegations are of a serious nature and merit further investigation”. It recommended that Matyolo be charged with misconduct, and that she remain suspended until the internal disciplinary procedures were completed.