Monday , January 17 2022

Public protector Mkhwebane clears Ramaphosa, ministers in investigations


Johannesburg – Public Protector Busisiwe Mkhwebane has closed some of the investigations related to allegations made against President Cyril Ramaphosa and some ministers.

Mkhwebane was asked to investigate non-compliance with the constitution, executive ethics and violation of the code of ethical conduct and disclosure of members ’interests, among other things.

In a statement, Mkhwebane said his office enforced the laws applicable to the facts and drew conclusions.

“Throughout the various investigations, we tried to establish what happened, what should have happened and whether there was a discrepancy between the two and whether the discrepancy, if any, constituted maladministration and misconduct.” he said.

In a complaint by complainant Thabiso Zulu against President Ramaphosa, Mkhwebane said he concluded that he could not continue the complaint filed in April 2020.

Mkhwebane said Zulu alleged that after the attempted murder of his life in October 2019, Ramaphosa promised that they would take him to a safe place and provide him with protection.

“Based on the complaint and the analysis of the documentation received, the public protector has come to the conclusion that it would therefore be inappropriate to continue the matter and rule on the allegation which the President did not confirm. the constitution, based on an alleged promise he made to Mr. Zulu, as no proof of this commitment could be established. “

He also said it was also unclear how Ramaphosa would constitute a failure in defending the Constitution for his part.

“Also, when this protection was finally provided to Mr. Zulu, he personally requested that it be withdrawn for personal reasons, which made the basis of his complaint to the public protector irrelevant,” he said.

Mkhwebane also said he found no evidence to support the allegation that former health minister Zweli Mkhize interfered in the processes and procedures of public investment corporations as treasurer general of the ANC during 2016. .

“This conclusion is also supported by the fact that there was no initial loan application which was rejected by the PIC, as alleged in the complaint and reported to the media.”

Nathaniel Denton Bricknell, the secretary general of African Democratic Change, called for an investigation following reports in June 2018 that Mkhize was unduly benefiting from a R210 million loan transaction between Africoil and the PIC.

Mkhwebane said the evidence indicated that the disbursement of funds to Africoil was not arbitrary, but followed a process of due diligence and approval.

“PIC officials who participated in the due diligence process did not provide any evidence to indicate that they were unduly influenced to deviate from PIC processes in the processing of the Africoil loan application.”

Mkhwebane also said allegations of involvement of Public Works Minister Pravin Gordhan in the hiring process for Mango Airlines CEO could not be confirmed.

EFF Deputy Director Floyd Shivambu filed the complaint in October 2019, alleging that Gordhan illegally instructed board chairman Matsidiso Peter Tshisevhe to ensure that Nico Bezuidenhout’s appointment was done.

“Minister Gordhan’s involvement in the appointment of Mr Bezuidenhout was in accordance with the memorandum of incorporation, which requires him to approve the appointment of the CEO of Mango, being a wholly owned subsidiary of the SAA.”

He also said that the investigation into the allegations that former Finance Minister Tito Mboweni irregularly appointed Ranjeni Munusamy as a community outreach officer could not be confirmed.

Shivambu filed a complaint in October 2020 and asked if Munusamy’s appointment was made in terms of the Public Service Act and if it was acceptable and rational for Mboweni to appoint Munusamy when she was involved in the Zondo commission to receive money from state intelligence funds.

Mkhwebane said he concluded that Munusamy’s appointment was made in accordance with the Public Service Act.

Regarding the complaint against former DA leader Mmusi Maimane, Mkhwebane said he did not enter his jurisdiction because he resigned as a deputy in October 2019.

The leader of the Movement for Hindu Unity, Jayraj Bachu, filed a complaint in October 2019 after Maimane declared property in Cape Town a property in Cape Town, even though it belonged to a shelf company that owns ‘a Durban businessman, Wessel Jacobs.

He said the matter did not fall within his jurisdiction.

“This means that Mr. Maimane did not exercise any public function in any of the state departments nor administrative functions in the areas of national, provincial and local government.”

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