Johannesburg - Public Protector Advocate Busisiwe Mkhwebane has released a finalised investigations report as her office began preparing the 2021/22 Annual Report which will carry finer details of the year under review.
The Public Protector released nine investigation reports, covering a range of themes including undue delays to process applications for public services, the irregular appointment of staff, irregularities in public procurement processes, financial mismanagement and executive ethics.
It also included a closing report, which the PP’s office issues in cases where allegations are unsubstantiated or cannot be corroborated.
This referred to the PP’s investigation into allegations of a breach of the Executive Ethics Code by the Minister of Public Enterprises, Pravin Gordhan.
The investigation followed a complaint by Economic Freedom Fighters (EFF) Deputy President and Chief Whip, Floyd Shivambu.
Shivambu lodged the complaint alleging that Gordhan tried to influence the appointment of his friend, Judge Dhaya Pillay to a position of responsibility in the judiciary during a meeting with the former Chief Justice Mogoeng Mogoeng in Cape Town.
He lodged his complaint in April last year.
Mkhwebane said her office had to close this investigation because Shivambu’s allegations could not be corroborated.
“The investigation revealed that when Mr Gordhan and Mr Mogoeng met at the Twelve Apostles Hotel and Spa, Victory Street, Camps Bay, Cape Town on 6 April 2016, the spokesperson for the Judicial Services Commission had already announced the interview results and it was already public knowledge that Judge Pillay had not made it.
“It would therefore be factually or legally impossible for Mr Gordhan to have influenced the outcome of an interview that had already been concluded,” Mkhwebane said.
She added that Gordhan’s conduct could not be regarded as having been in breach of the Executive Ethics Code.
Mkhwebane also released advisory reports, which are issued to offer advice on how to remedy issues her office observed in the course of investigations.
This included allegations that the Department of Correctional Services failed to pursue disciplinary action against officials implicated in the Commission of Inquiry into State Capture in respect of tenders awarded to African Global Operations.
Mkhwebane said their report recommended that the Minister of Justice and Correctional Services consider and inform her office within 60 days from the date of the report on the recommendations to deal properly with the subject matter of investigation.
She said this should include taking urgent steps to intervene and ensure that the National Commissioner of the department acquires and analyses all relevant evidence, and statements from the Commission, on the transactions involving officials of the department, that are identified as unlawful, irregular or improper in the final reports of the Commission.
She said the National Commissioner should analyse the evidence in order to identify all officials of the department implicated and if required, take the necessary action, including criminal charges or the institution of disciplinary action as may be appropriate.
Political Bureau