The third and final investigation into allegations of conflict of interest levelled against former communications minister Siphiwe Nyanda will continue, despite his recent dismissal.
However, the report on this investigation, which is being carried out by the Public Protector, has been delayed for the second time. Communications manager at the Public Protector's office Oupa Segalwe says the report is not ready due to human resources constraints.
“However, measures have been put in place to ensure it is wrapped up soon. It could take another month before the investigation is completed. The investigation will continue, despite Nyanda's recent departure from government.”
Public protector Thuli Madonsela was requested to carry out three investigations into Nyanda's alleged conflicts of interest.
For this investigation, the Public Protector is looking into all state tenders awarded to companies linked to Nyanda, as per request by the Democratic Alliance (DA).
The Public Protector's office had initially indicated the report on this third investigation would be finalised by October and then extended the deadline to the end of October.
At the beginning of October, the Public Protector's office said human resources constraints had allowed only four of the six implicated entities to be covered.
The first complaint was about the former minister's alleged breach of the executive members' Ethics Code for receiving benefits from an allegedly irregular tender from Transnet.
Julie Killian, of Cope, laid this complaint on 19 March. Nyanda's company, General Nyanda Security Risk Advisory Services, was awarded a R55 million contract by axed Transnet Freight Rail CEO Siyabonga Gama. Nyanda came out in support of Gama during his legal battles with the transport utility.
The Public Protector found the statement issued to the media by Nyanda, in support of Gama, violated the Code of Ethics, since he was using the influence of his position to do so.
The second complaint was laid by the DA and alleged a tender was irregularly issued by the Gauteng Department of Transport, Roads and Works (GDTRW) to a company linked to Nyanda (Abalozi Security Risk Advisory Services), before he became a minister, and that he continued to benefit from the contract while holding the position.
However, by its own admission, the GDTRW did take into consideration his experience in the security sector when awarding the contracts.
Sinking ship
Nyanda was dismissed as communications minister at the end of October.
He has been replaced by former deputy minister of communications and then deputy minister of public services and administration Roy Padayachie.
President Jacob Zuma announced the exit at a last-minute press briefing, where a total of 26 appointments were made across 22 ministries.
The communications ministry has gone from bad to worse under Nyanda, a retired general and former head of the South African National Defence Force. Recently, acting director-general Harold Wesso admitted to a Parliamentary committee the department is a sinking ship. Additionally, Nyanda himself drew controversy to the department.
His extravagant spending on BMWs, luxury hotels and a meal for himself, worth R700, stirred a public backlash.
Several allegations of tender irregularities against Nyanda also led to the investigations by the Public Protector.
The former minister's actions have required the intervention of the president on at least two occasions. In the first, Zuma was named as a respondent in court papers following Nyanda's firing of his then director-general Mamodupi Mohlala. Mohlala maintained Nyanda did not have the authority, only the president did.
In the second instance, Nyanda stepped out of line when voicing his support for Gama. In this case, Zuma publically chastised the former minister.
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