Durban — Former Human Settlements, Water and Sanitation minister Lindiwe Sisulu lashed out at Deputy Public Protector (PP) Advocate Kholeka Gcaleka following a report becoming public without her authorisation.
Transitional spokesperson and advisor to Sisulu, Mphumzi Mdekazi, said that the report highlighted three areas relating to Sisulu’s tenure.
“It is disappointing that Advocate Gcaleka and her office allowed the report to become public without officially providing it to Sisulu, a party affected by it, as Section 7(9)(a) and (b) dictates. What is the motive?” asked Mdekazi.
DA MP Emma Louise Powell lodged three complaints in 2020 while Sisulu was still minister of Human Settlements, Water and Sanitation. The report is based on these three complaints.
The key findings from the public protector's report on the three DA complaints are as follows:
1. The DA's complaint about “The allegation that the minister improperly appointed an advisory committee established in terms of section 76(1) of the WSA, is not substantiated.”
2. “The allegations that there were irregularities during the appointment of Messrs Simelane and Shaik as special advisers by the former minister of Human Settlements, Water and Sanitation, is not substantiated.”
3. On the question of “whether Sisulu improperly appointed members of the National Rapid Response Task Team (NRRTT) and whether such conduct constitutes improper conduct,” the report presents two opposing findings:
a. The allegation that Sisulu improperly appointed members of the National Rapid Response Task Team (NRRTT) NRRTT- Department of Water & Sanitation (DWS) is not substantiated. b. The allegation that Sisulu improperly appointed members of the NRRTT-DHS is substantiated.
Mdekazi said that they had noted that the acting public protector separated the NRRTT, finding against one and not the other – however, only one NRTT existed under the Department of Human Settlement, Water and Sanitation (DHSWS).
Mdekazi said this was one ministry that was later split in two after Sisulu moved to the Ministry of Tourism. The report by the PP rejected all three complaints by the DA, finding them as not substantiated.
“The acting PP has either erred, misdirected herself, or acted maliciously in ‘creating’ or referring to two NRRTTs on which she based her conflicting findings. DHSWS was one department headed by one minister and one director-general, the accounting officer (administratively),“ Mdekazi said.
Mdekazi said that the public must not be misled about the content of the DA’s three complaints, and that the DA's complaints were about appointment processes rather than the misuse of public funds or mismanagement of resources.
“Disappointed by not finding anything against Sisulu, the Deputy Public Protector split the DA's third complaint, creating two NRRTTs in order to find something to smear her (Sisulu’s) name,” Mdekazi said.
“The allegations were a political witch hunt and weaponisation of state institutions aimed at tarnishing Sisulu's name by employing innuendo. The deputy public protector's display of incompetence and bias in handling the matter is concerning, particularly in making opposing findings on the same complaint,” Mdekazi said.
Despite finding no irregularities and that the DA's complaints were not substantiated, the deputy public protector contradicted herself in the remedial action, stating that the Ministry of Water and Sanitation must take cognisance of the irregularities resulting in maladministration and improper conduct during the appointment of members of the NRRTT.
“Which maladministration and improper conduct is she referring to when she has conceded in her report that the appointment of the NRRTT-DWS was above board and followed legal prescriptions?” questioned Mdekazi.
“It is troubling that what was supposed to be an impartial investigative report transformed into a biased propaganda tool for the DA, using the incompetent hands of the acting PP, who still has a lot to learn in terms of understanding both the evolution of South Africa’s democratic government and its governance. Sisulu mastered this over the years, especially when it comes to fighting against corruption,” Mdekazi said.
Mdekazi said that Sisulu’s dedication, experience and sacrifice to serve the country in various portfolios was exemplary. In all her roles where she served, be it Defence, Intelligence, Dirco, Public Service, Human Settlements, or Tourism, to name a few – she had executed her constitutional mandate with a high degree of integrity and focus on the poor majority.
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