The Congress of South African Trade Unions (Cosatu) has congratulated the Public Protector on her report, which clears communications minister Siphiwe Nyanda of allegations of misconduct.
However, Alana Bailey, deputy CEO of AfriForum, a civil rights initiative of the trade union Solidarity, says the findings warrant further investigations. Solidarity also called for the immediate suspension of Nyanda until a comprehensive investigation into the former military leader is completed.
In a report released this week, the Public Protector found that Nyanda had not violated the Executive Members Ethics Act or the corresponding provisions of the Code of Ethics with awarding of a contract to Abalozi Security Risk Advisory Services, of which Nyanda is a former director, by the Gauteng Department of Public Transport and Works (GDTRW) for security services.
However, the report did find that the contract had been awarded “irregularly”, but that no evidence could be found that Nyanda was directly involved in securing the contract. However, by its own admission, the GDTRW did take into consideration his experience in the security sector for the award of the contracts.
Moral implications
It should also be asked if it is appropriate and morally justifiable for tenders to be awarded to companies that have links with office bearers. The answer is no. Government should thus hold Nyanda morally accountable, if not legally.
Alana Bailey, deputy CEO, AfriForum
Bailey says: “The findings again illustrate the lack of accountability of public office bearers in SA. Too often, legal technicalities are used to let people that behave inappropriately off the hook.
“The question should not just be if evidence can be found of direct influencing of the awarding of tenders, but it should also be asked if it is appropriate and morally justifiable for tenders to be awarded to companies that have links with office bearers. The answer is no. Government should thus hold Nyanda morally accountable, if not legally.”
As part of another investigation, the Public Protector found that the statement issued to the media by Nyanda, supporting axed CEO of Transnet Freight Rail Siyabonga Gama, violated the Code of Ethics, since he was using the influence of his position in doing so.
Bailey says this finding itself warrants further investigation and is enough reason to say that Nyanda is not fit for public office.
“Government should ban the awarding of tenders to companies that have links with public office bearers. Disciplinary steps should be taken against those who were responsible for awarding tenders irregularly,” she adds.
Exonerating innocence
Cosatu has congratulated the Public Protector on the thorough investigation into allegations against Nyanda and the prompt report that followed.
The union says this kind of action is exactly the approach to allegations of corruption which it has been calling for.
“The Public Protector deserves praise for carrying out her duties, in terms of Chapter nine of the Constitution, which include 'conducting investigations into alleged improper conduct by organs of State', without fear or favour. We look forward to similar investigations and reports on other such allegations.”
Cosatu says it has always stressed that its call for investigations into corruption allegations was not an endorsement of the allegations, and that “exonerating those who are innocent, as in this case, was as important as punishing those found to be guilty”.
Violating ethics code
The first complaint against Nyanda was laid by Julie Killian, of Cope, and emanates from reports that Abalozi had been awarded a R55 million contract by Transnet Freight Rail. In her complaint to the Public Protector, Killian alleged that Nyanda benefited improperly from the contract.
The Public Protector found in this complaint that there was no conclusive evidence to substantiate the allegation that Nyanda was personally responsible for securing the Transnet Freight Rail contract or that he used his position or relationship with the CEO (Gama) to obtain it.
However, the Public Protector found that Nyanda's media statements in support of Gama were in breach of the Code of Ethics.
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