Public Protector Lawrence Mushwana has decided to probe Deputy President Phumzile Mlambo-Ngcuka’s holiday trip to the United Arab Emirates last December, despite a public explanation by President Thabo Mbeki.
Two political parties had complained to the protector about Mlambo-Ngcuka’s use of an South African Air Force plane on her unofficial visit to the United Arab Emirates, reportedly at a cost of R700 000.
”It is mainly alleged that the use of an aircraft of the South African Air Force to transport the deputy president, members of her family and her entourage on her vacation was a waste of public funds and amounted to unethical and improper conduct,” Mushwana’s office said in a statement on Monday.
The Democratic Alliance, one of the parties that complained, welcomed the move but questioned why the decision was so long in coming.
”The Executive Members Ethics Act compels him to investigate any complaint about a breach of the Act, lodged by a member of Parliament.”
Available evidence suggests that Mlambo-Ngcuka might have violated several sections of the Act, the party said in a statement.
”We therefore trust that the public protector will consider the full detail of our complaint and ensure that the investigation is carried out in an impartial and fair manner.”
The DA has asked the protector to probe, in line with the Act’s requirements, whether the deputy president acted in good faith and in the best interests of good governance, and whether she exposed herself to a conflict between official responsibilities and private interest.
”The deputy president has claimed that she inspected the construction industry in the United Arab Emirates during her stay. Therefore a possible conflict of interest needs to be investigated into whether her husband, Bulelani Ngcuka, who has substantial interest in a South African construction company … benefited from these interactions.”
The Act prohibits Cabinet members from using their position or entrusted information to enrich themselves or improperly benefit another person.
The protector should also investigate whether Mlambo-Ngcuka’s accommodation at a United Arab Emirates royal palace during her stay was disclosed as a benefit, as required, the DA said.
Complaints about the trip had also been submitted to Parliament’s public accounts committee (Scopa) and the auditor general.
Scopa decided not to investigate, and Fakie said he would consider probing the matter if so asked. If not, it would form part of his annual audit of the Presidency’s books.
”The Office of the Public Protector has consequently commenced with its investigation into the allegations contained in the complaints received from the members of Parliament,” Mushwana’s office said on Monday. ”The investigation will be conducted in terms of the provisions of the Public Protector Act … and the Executive Members’ Ethics Act.”
No further comment will be made until the probe has been finalised, the statement read.
Last Thursday, Mbeki said Mlambo-Ngcuka’s use of an South African Air Force jet to fly to Abu Dhabi and back was correct in terms of security arrangements.
Responding in the National Assembly to debate on his State of the Nation address, he said security arrangements since 1994 and before provide for 24-hour protection for the president and deputy president.
This means that when they travel by air, ”unless the circumstances make this impossible, they travel in planes provided, managed and flown by the South African Air Force”.
These transport arrangements are an integral part of the security system decided exclusively by the state security services and not the president or deputy president, Mbeki said. They apply regardless of destination and the purpose of travel.
”The South African Air Force therefore carried the deputy president to and from Abu Dhabi as the security regulations require.”
This had been the only cost of the deputy president’s holiday that had accrued to the state.
Unless security arrangements are changed, it will remain the responsibility of the police and the air force to transport the deputy president to her holiday destination, the president said.
”I trust that after this explanation nobody will find it impermissible that she should continue to be provided with security on a 24-hour basis, which includes the periods when she is on holiday.” — Sapa