Opposition political party Congress of the People (Cope) is to refer the issue of communications minister Siphiwe Nyanda's relationship with companies that benefit from lucrative contracts with state-owned enterprises to the Public Protector.
Juli Kilian, Cope's communications spokesperson in Parliament, says the documentation to take to the Public Protector is being finalised and the complaint should be formally lodged by the middle of next week.
She says her party believes Nyanda's business interests are in conflict with Section 96 of the Constitution, as well as Section Two of the Executive Members' Ethics Act, no 82 of 1998.
In terms of the Constitution and the Act, members of the executive are prohibited to: undertake any other paid work; expose themselves to any situation involving risk of conflict between their official responsibilities and their private interests; use their positions or any information entrusted to them to enrich themselves, or improperly benefit any other person.
They also may not act in a way that could compromise the credibility or integrity of their office or the government.
Cope believes Nyanda is in breach of the Act in respect of circumstances and elements surrounding contracts between his General Nyanda Security Risk Advisory Services and Transnet Freight Rail, and also other government departments.
Kilian asserts that the fact of the matter is that he remains a direct financial beneficiary of profits derived form the contracts between his personal interests and government departments and parastatals.
Kilian says it is unfortunate that the ANC majority in Parliament would stifle open investigations into these alleged serious Constitutional transgressions, which compels her party to approach the Public Protector.
A Department of Communications spokesperson previously stated Nyanda's interest had been declared to Parliament and the minister was not involved in the day-to-day running of the security company.
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