THE government and the public protector are set for a showdown after the Department of Public Works missed yesterday’s deadline to respond to Thuli Madonsela’s report on irregular police office leases.
Her reports have put the government under pressure, as it struggles to decide how to deal with her findings without appearing to be undermining the authority of her office.
Ms Madonsela said yesterday that she may have to subpoena Public Works Minister Gwen Mahlangu-Nkabinde after she missed the deadline to furnish her department’s plans to implement recommendations of two reports on the leases . In an interview after meeting the South African National Editors Forum — whom Ms Madonsela discouraged from publishing her draft reports as that prejudiced justice — she said issuing a subpoena to Ms Mahlangu- Nkabinde was a route she did not want to take, but was forced into by the lack of response. She had sent a "friendly reminder" last Friday that yesterday was the deadline for all the departments mentioned in her report to furnish their plans to implement her recommendations. Ms Mahlangu- Nkabinde would be the first Cabinet minister to be subpoenaed by the public protector. While the Presidency, the Treasury and the police had responded, Ms Madonsela had sent the police department’s response back for clarifications. President Jacob Zuma did not respond directly to her, but instead wrote to Parliament’s speaker, Max Sisulu, two weeks ago, updating him on the progress made in implementing the report. Ms Madonsela was copied on the letter to Mr Sisulu. Asked about the oddness of the president responding to Parliament instead of to her office, Ms Madonsela said the government appeared to be wrongly advised on how it should account to the public protector. She said they seemed to think that, by accounting to her, they were accepting that their offices were "subordinate" to hers. While Parliament’s portfolio committees on police and public works were planning to discuss her reports on the Durban and Pretoria police leases, Ms Madonsela said MPs could not review her findings — only a court could "second guess" her reports. In her report, Ms Madonsela called on Mr Zuma to take action against Ms Mahlangu-Nkabinde for her role in the flawed R1,7bn police buildings lease . She also blamed police chief Bheki Cele, who was admitted to hospital on Sunday for a heart- related illness, for his role in maladministration relating to the tenders for the two leases . In her report, Ms Madonsela stopped short of calling for Ms Mahlangu-Nkabinde’s dismissal, but complained about her failure to co-operate with the public protector’s office. The public works department was found to have flouted tender processes in the lease agreement with politically connected businessman Roux Shabangu’s company, Roux Property Fund. The minister’s conduct "failed to meet the requisite stewardship expected from her" as envisaged by the constitution. Her failure to co-operate with the investigation amounted to improper conduct. Ms Madonsela told the editors the government’s leaders should use the appeals process instead of stalling. If subjects of her reports used the appeals process, that would create jurisprudence and strengthen the ombud system. Ms Mahlangu-Nkabinde’s office said yesterday only Cabinet spokesman Jimmy Manyi could comment on the lease report. Mr Manyi was not available.Source: Business Day
Publisher: I-Net Bridge
Source: I-Net Bridge
