By Nomfundo Manyathi
Public Protector Thuli Madonsela released the findings of four recent investigations at a media briefing in Pretoria on 28 September.
One of her reports, titled ‘Costly letters’, involved an investigation of the alleged improper involvement of Deputy President Kgalema Motlanthe and his partner, Gugu Mtshali, in a business transaction with Iran. A newspaper report published in March 2012 alleged that Ms Mtshali was implicated in soliciting a R 104 million bribe to obtain a deal with Iran at a time when the United Nations had imposed sanctions against it. Deputy President Motlanthe asked the Public Protector to investigate the matter.
Ms Madonsela found that Ms Mtshali was present at a meeting in 17 February 2011 where government support for a business transaction involving aviation company 360 Aviation and Iran was discussed. However, the Public Protector said that when Ms Mtshali was invited to attend the meeting she had not been informed that government support would be discussed.
Ms Madonsela found that Ms Mtshali was not invited to participate in the discussions relating to government support for the business transaction, nor did she participate in same. Further, she had neither solicited nor accepted a bribe to help 360 Aviation and Iran in their business venture. As such, she did not violate the Prevention and Combating of Corrupt Activities Act 12 of 2004 (the Act) or any other law.
The Public Protector said that during the meeting Ms Mtshali had uttered a few words and these did not justify a finding that she had participated in the meeting or the Iranian deal or that she had solicited a bribe in exchange for influencing government support for the business venture.
The Public Protector further found that an agreement was reached between 360 Aviation’s chief executive officer and Ms Mtshali’s business associate Joe Mboweni; former De Beers executive Raisaka Masebelanga; and former Land Bank executive, Herman Moeketsi, regarding the procurement by Mr Masebelanga of government support for 360 Aviation’s Iranian aircraft trading venture.
However, she added, not enough evidence could be found to justify a finding that the agreement constituted the solicitation or acceptance or intention to offer a bribe or gratification in violation of s 3 of the Act.
The remedial action taken by the Public Protector requires the director-general of the Department of Trade and Industry (DTI) to ensure that the recommendations of a forensic report on the investigation of a letter of support commissioned by the DTI are implemented expeditiously in developing a policy framework regulating the issuing of letters of support for companies wishing to do business abroad. Further, he is required to submit a report to the Public Protector on the implementation of this remedial action within 90 days of the date of the issuing of the report.
The other reports released by the Public Protector were:
‘State power – political games’
This investigation involved a complaint by Limpopo deputy secretary and member of the provincial legislature, Thandi Moraka, after she was arrested and detained in April 2010 by an off-duty traffic officer on her way home from an African National Congress Youth League conference. Ms Moraka alleged that the arrest had been ordered by then Member of the Executive Council (MEC) for Roads and Transport in Limpopo, Pinky Kekana, and the Premier of Limpopo, Cassel Mathale, to settle a political score.
The Public Protector found that Ms Kekana had acted improperly and abused her position as MEC in ordering the arrest. She further found that her action amounted to maladministration as she had made use of state resources to settle a political score while she was attending a private party-political event.
The remedial action ordered by the Public Protector is that the Premier and provincial legislature must, within 30 days from the date of the report, take disciplinary action against Ms Kekana. Further, the head of department must issue a written apology to Ms Moraka and the report must be tabled in the Limpopo provincial legislature. Ms Kekana must also submit a written apology to Ms Moraka (at the sitting) for the prejudicial treatment she suffered.
‘Two wrongs, no rights’
This report dealt with a complaint about the Khara Hais Municipality in Upington in the Northern Cape. The complainant alleged that the municipality wrongfully reallocated his stand to someone else, who later built a house on it. The Public Protector found that the municipality failed to comply with the municipal policies and council resolutions by reallocating the stand. This constituted improper conduct and maladministration.
The remedial action taken by the Public Protector is that, as compensation may not be possible in the circumstances, the municipality must, in consultation with the complainant, identify an alternative stand for him.
‘A costly promise’
This report involved a military veteran losing his home allegedly due to excessive delay by the then Department of Defence in the implementation of a revised non-statutory forces pension.
The department allegedly made a number of promises that were not met regarding payment dates, which the complainant conveyed to a bank that wanted to repossess his home. The bank eventually sold the house on auction.
The Public Protector found that, by not honouring its commitments, the department did not discharge its obligations and duties towards the complainant with due diligence and in good faith.
The remedial action taken by the Public Protector is that the department must take urgent steps to attend to any outstanding issues relating to the complainant’s pension and must further take immediate action to arrange alternative accommodation for him.
Nomfundo Manyathi, nomfundo@derebus.org.za
This article was first published in De Rebus in 2012 (Nov) DR 11.