Invalid decisions by the Free State premier, unlawful payments by two Northern Cape municipalities and problems at the Commission on Gender Equality were the major focus of reports released by Public Protector Lawrence Mushwana on Tuesday.
It was, however, Mushwana’s announcement that his investigation into Deputy President Phumzile Mlambo-Ngcuka’s trip to the United Arab Emirates (UAE) is completed that drew most attention.
Mushwana said despite the difficult investigation, his office obtained ”sufficient information and documentation” to conclude the probe.
Mlambo-Ngcuka visited the UAE in December 2005 on holiday, using a South African Air Force plane. This led to complaints that she misused state resources.
Mushwana said his office has started drafting a report into the matter and when it is completed it will be handed to President Thabo Mbeki. He will then submit it to Parliament before it is made public.
The investigation into an alleged conflict of interest concerning a home loan to Minister of Social Development Zola Skweyiya’s wife from Imvume Investments is at an advanced stage.
Sandi Majali, of Imvume, allegedly paid R65 000 to Hartkon, a construction firm, for renovations at the Waterkloof Ridge, Pretoria, home of Skweyiya and his wife, Thuthukile — this while companies in the Imvume group benefited from contracts to distribute social grant payments on behalf of the state.
The public protector was asked to investigate whether this did not constitute a conflict of interest. Mushwana said his office is still looking for certain documents to complete its investigation.
He did, however, on Tuesday release reports on three completed investigations.
Mushwana found that the Tsantsabane and Mier municipalities in the Northern Cape committed acts of financial misconduct when they paid the African National Congress R20 000 and R10 000 respectively for fund-raising banquets.
He recommended that the municipalities investigate the matter further to consider disciplinary or criminal action.
He also commended the ANC for rejecting the donations and returning the money to the municipalities when it found it came from their budgets.
Mushwana had no niceties to spare for Free State Premier Beatrice Marshoff, the province’s speaker and legislature committee for failure to cooperate on the appointment of a youth commission.
”State organs should resolve disputes amongst themselves instead of referring the matter to the courts or the public protector,” Mushwana said. ”There is no indication that [a] concerted effort was made to try and resolve this issue.”
His investigation into Marshoff’s appointment of a youth commission found her actions were invalid. He also found that the speaker and the chairperson of the legislature’s committee on finance, office of the premier and the legislature both failed to advise the premier on the appointments.
This failure was inconsistent with the Constitution, he said.
In another matter he cleared the Commission on Gender Equality of gross mismanagement and corruption, but found serious structural problems. ”It has led to a strained relationship between its chief executive officer and its commissioners,” Mushwana said.
He made several recommendations, some of which the commission says it has already started implementing. — Sapa