Legis Ethics Committee asked to investigate MEC

Agriculture and Rural Development MEC Mapula Mokaba-Phukwana said the preliminary Public Protector’s (PP) report, referred to in media reports and a press statement issued by Democratic Alliance (DA) Legislature Member Susan Katlego, were illegally obtained.
She spoke to Polokwane Observer exclusively during an interview on Tuesday evening after earlier media reports about the provisional report, which allegedly was not signed off by the Public Protector yet, and issues that occurred during the time Mokaba-Phukwana was MEC for Transport, Safety Security and Liaison.
Economic Freedom Fighters Provincial Secretary Jossey Buthane laid a charge against the MEC and Head of Department (HOD) for the authorisation of payment of millions of Rand to MBA Investigators at the Police’s Commercial Crime Unit in June 2015. The investigation was initially initiated by Mokaba-Phukwana and later, after deliberations with the Provincial and National Department of Treasury, and investigations if value for money was obtained, rubber-stamped by the HOD.
“It was leaked or stolen from the Public Protector in Limpopo’s office by an employee of the Public Protector and an official from the Premier’s Office, both known to me. The matter was reported to the PP who acknowledged the theft and undertook in writing to take appropriate action against the employee.”
In the press release Katlego, DA Limpopo Spokesperson on Transport said the party has referred Mokaba-Phukwana to the Legislature Ethics Committee to investigate “the brazen corruption and nepotism which appears to violate the rules and her oath of office in the Legislature, found by the Public Protector provisionally against her.”
Katlego said according to the Public Protector’s provisional report, Mokaba-Phu­kwana awarded a tender worth R6 million to a debt collection company to conduct a forensic investigation into missing computers in her former department in 2014, whereas the company was plainly unqualified for the work, and only because an ANC comrade had led her to give the R6 million contract to that company.
She said Mokaba-Phukwana appointed the company without following the correct tender processes and contravened the Public Finance Management Act (PFMA) as the company was recommended by a comrade according to findings of the Public Protector.
The provisional report allegedly stated that the sole director of the company, “an administration clerk in government”, was involved in extra remunerative work without permission.
“According to the report, Phokwana (sic) acted improperly and this constituted maladministration by disregarding PFMA regulations. MEC Phokwana is severely compromised by this, and Premier Mathabatha must immediately suspend her, pending the outcome of the final Public Protector’s report and the Ethics Committee finding. She is not fit to serve with these serious findings over her head,” Katlego said in her press release.
“If Premier Mathabatha fails to suspend her, it will be clear that he is protecting a compromised individual caught up in a corruption scandal.”
“It could have been more appropriate for the DA to exercise caution and patience until the final report is issued and the matter heard on review if need be, before jumping the gun,” Mokaba-Phukwana said.
She said she did not know what corruption and nepotism was allegedly found by the Public Protector in the provisional report was referred to, as the allegation were disputed in responses to the Public Protector (PP). “To date I haven’t received the final report, which will be taken on review if our concerns and detailed explanations to the facts are ignored.”
Mokaba-Phukwana said her appointment of the investigator was nullified by the National Treasury. “I was advised to cancel it with immediate effect. No monies were paid to the company then.”
She said HOD Hanli du Plessis “rectified that and the appointment was executed under her signature as per the Treasury’s advice. The company profile mentioned forensic investigation as its major function. Debt collection was also mentioned as one of the services undertaken. The scope of investigation was mainly on fraud and corruption in the tender awarding and other corrupt activities. These included payment of ghost service providers and non-existing or partial services and nepotism among others.”
On allegations that an investigator was appointed by her without following the correct tender procedures and contravened the Public Finance Management Act (PFMA), she said: “The appointment was based on (information) the Premier’s Office Legal advisers availed to me, by the Premier and the Treasurer’s Memorandum based on the PFMA on appointing a forensic investigator in a case where the HOD is a suspect in the proposed investigations.” According to Mokaba-Phu­kwana the recommendation to the Premier in the disputed preliminary report from the PP “was not suspension but rather to warn the MEC and educate or advise other members of the Legislature to be careful when executing their duties. The PP also recommended that action be taken against the HOD.”
“Further note this was the preliminary and not the final report of the PP. Even if it was final, we will take it on review to the courts because the investigation and the preliminary reports distorted the objectives of the forensic investigations,” she said. “It also ignored the fact that six senior departmental staff members were suspended and went through a disciplinary process. Two resigned after realising the concrete case against them. Three were found guilty and the sixth’s case was nearly finalised when I was redeployed to Agriculture. I have learnt with great disappointment that some officials against whom the department had incriminating evidence, found guilty and sanctioned, were reinstated without following proper procedure. Lastly, it should be noted that our action to deal with corruption in the department saved the state and taxpayers an estimated amount of ±R120 million in the process.” Mokaba Phukwana said she suspected that “more external people are involved and they have malicious interest in the whole matter.” “Finally I must place on record that a complaint has been lodged at the Press Ombudsman against the reporter about the article published on 20 November.”
At the time of going to print Polokwane Observer was still awaiting comment from the office of the Public Protector as spokesperson Kgalelelo Masibi was not yet aware of the leaked report when contacted initially.

Story: NELIE ERASMUS
>>nelie.observer@gmail.com

Featured photo: Agriculture and Rural Development MEC Mapula Mokaba-Phukwana.