The public protector's office has refused to confirm media reports about a guilty verdict emanating from its investigations into communications minister Siphiwe Nyanda.
Public protector Thuli Madonsela is currently conducting three investigations into Nyanda due to allegations of conflicts of interest. Madonsela previously said reports on the first two investigations would be ready by the end of July.
Guilty letter?
However, media reports yesterday said Madonsela sent Nyanda a two-page letter last week in which she told him that he had breached the executive ethics code when he publicly defended former Transnet Freight Rail CEO Siyabonga Gama after his suspension.
Gama was subsequently fired for “irregularly” granting a tender to a company part-owned by Nyanda.
Reports say Madonsela found Nyanda guilty of only this offence, while the other allegations are unfounded. Madonsela was also quoted as saying no punitive action would be taken against Nyanda, because the findings were not based on "legal opinion, but on the investigation carried out by my office". It adds that she will send her report to President Jacob Zuma.
Reports denied
Despite these statements, spokesperson for the public protector's office, Kgalalelo Masibi, says the reports on Nyanda's investigation have not yet been finalised.
“The release of information about an investigation yet to be concluded undermines the investigative process. The report has not been concluded and it is improper to discuss it at this stage.”
She says the final report with findings and recommendations, including recommendations on remedial action, will only be released by 31 July.
Department of Communications (DOC) spokesperson Tiyani Rikhotso denies that the minister received the letter from Madonsela, as reported by the media.
He adds that the official reports on the investigations are not ready as yet, so there is no chance of such a letter having been sent to the minister.
Impending reports
Masibi explains that the first complaint was about the minister's alleged breach of the Executive Members Ethics Code, related to Nyanda allegedly receiving benefits from an irregular tender from Transnet.
Cope spokesperson Juli Killian laid this complaint on 19 March. Nyanda's company, General Nyanda Security (GNS) Risk Advisory Services, was awarded a R55 million contract by the now-dismissed Transnet Freight Rail CEO Siyabonga Gama. Nyanda came out in support of Gama in his legal battles.
The second complaint was laid by the Democratic Alliance (DA). “It relates to a tender that was allegedly irregularly issued by the Gauteng Department of Transport to a company linked to Minister Nyanda (Abalozi Security Risk Advisory Services), before he became a minister, and his continued benefit from the contract now that he is a minister and has a duty to protect government interests,” says Masibi.
The DA also put through the third request, which was that all state tenders awarded to companies linked to Nyanda should be investigated. DA deputy shadow minister of communications Lindiwe Mazibuko sent the request to the public protector on 19 July.
This third complaint came after it was alleged that Nyanda was going to suspend his director-general Mamodupi Mohlala, following her refusal to approve tenders to companies linked to him.
Niekie van den Berg, DA shadow minister of communications, said: “It is at the very least highly suspicious that the minister seems to want to remove the key obstacle to his handling his department and its finances in its entirety. Why is the minister seeking to revert control of all departmental tenders to himself?
“There can be no justification for all major departmental spending to be centralised in one person. It runs against all the basic tenets of good governance and ideas like accountability, competition and transparency, as listed in the Public Finance Management Act.”
Despite a denial from the DOC last week that there was any turmoil within the department, or that Nyanda was planning to suspend Mohlala, she was fired on 23 July.
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