The public protector has so far completed one report on allegations against communications minister Siphiwe Nyanda, and this document has been sent to President Jacob Zuma.
Public protector Thuli Madonsela was requested to carry out three investigations into Nyanda's alleged conflicts of interest.
Spokesperson for the public protector's office, Kgalalelo Masibi, previously said the final reports on the first two investigations - with findings and recommendations, including recommendations on remedial action - would be released by 31 July.
Report delays
“The first complaint that was lodged by [opposition party] Cope related to Nyanda's alleged breach of the Executive Members' Ethics Code, involving alleged conflict of interest relating to statements made during the Transnet CEO succession furore and continuation of benefits from alleged irregular tenders from the same state-owned enterprise,” says Masibi.
She adds that this report was finalised by the public protector, and has already been submitted to the president. “The report was submitted electronically to the president over the weekend.”
Masibi says the second report has been withheld, although provisionally finalised. “Subsequent to the finalisation of the report, the public protector received another complaint raising matters that were already covered in this report as additional matters.”
She explains that a complaint submitted to the public protector by Democratic Alliance (DA) parliamentary leader Athol Trollip is being delayed, since it covers an investigation into other contracts awarded to Abalozi Risk Advisory, which are the subject of yet another investigation requested by the DA deputy shadow minister of communications Lindiwe Mazibuko.
This report will be ready by the end of the week, Masibi says. It is “provisionally ready, but subject to a dialogue since complainants from the same political party have filed complaints that are substantially the same”.
Presidential nod
The public protector has declined to comment on the actual findings of the completed report and would not confirm whether Nyanda was found guilty of any wrongdoing during the investigation.
She says, in terms of the Executive Members' Ethics Act, the public protector must submit a report about the alleged breach of the code of ethics to the president if the complaint is against a Cabinet member.
“The president must, within a reasonable time, but not later than 14 days after receiving a report on a Cabinet member, submit a copy of the report and any comments thereon, together with a report on any action taken or to be taken in regard thereto, to the National Assembly.“
No action yet
Masibi says it is up to the president to decide how to sanction a member of Cabinet. The action taken can range from a reprimand to more serious sanctions.
She also says the Public Protector's report does not deal with deciding if an official probe should be undertaken against Nyanda.
“The decision on how to respond to the public protector's recommendations rests with the president.”
Laid complaints
Masibi says the first complaint was about the 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 (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 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. Mazibuko sent the request letter to the public protector on 19 July.
Obstacle fired
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 the minister.
Niekie van den Berg, DA shadow minister of communications, said previously: “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 denial from the Department of Communications about any inside turmoil and that Mohlala was to be suspended, she was fired by Nyanda on 23 July.
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