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Nyanda review faces ethics Act

Candice Jones
By Candice Jones, ITWeb online telecoms editor
Johannesburg, 06 Apr 2010

Communications minister Siphiwe Nyanda's ownership of a business that was awarded tenders for Gauteng roads will now face due process.

Last week, the Democratic Alliance's leader in the Gauteng Provincial Legislature, Jack Bloom, submitted a complaint about a possible conflict of interest in the case to the Public Protector, hoping to see the R67.8 million deal between Nyanda's business and the Gauteng Department of Roads reviewed.

The Public Protector spoke to the daily papers, saying the DA had not followed the appropriate channels and, later, Bloom received a notice from the office of the organisation saying the complaint needed to be submitted by a Member of Parliament.

The letter to Bloom says: “If you would like me to investigate the matter, kindly forward it to someone in Parliament to lodged [sic] with me appropriately.”

In response to the formal letter distributed by the Protector, the DA resubmitted the complaint through the party's parliamentary leader, Athol Trollip, on 1 April. The protector has since acknowledged the referral.

“I will proceed to process this letter in terms of the Executive Members' Ethics Act under your name [Trollip], as required by the Act, and I will revert to you shortly about the process,” the latest response from the legal offices reads.

The DA hopes to set a precedent with the referral of Nyanda's business interests to the Protector, saying that simply declaring them is not good enough. “The minister says he has declared his interests and that is enough, but he is still benefiting from the deal, which raises questions about how he has used his position to gain business.”

Nyanda has consistently said he does not believe the deal is a conflict of interest. His spokesman, Tiyani Rikhotso, said: “The question of a conflict of interest does not even arise. My understanding is that the company concerned was allegedly awarded the contract in 2007, two years before he was appointed minister.”

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