Public Protector casts net wider

Public Protector casts net wider
April 21 2011 at 08:34pm


Independent Newspapers

There was nothing preventing Public Protector Thuli Madonsela from making findings against people not in the employ of the state or parastatals. Photo: Independent Newspapers

There was nothing preventing Public Protector Thuli Madonsela from making findings against people not in the employ of the state or parastatals, she said on Thursday

She and her team had researched the Constitution and could find “no impediment” to making such findings against someone whose dealings with the state were corrupt or improper, she said.

Madonsela was speaking at a seminar at the University of South Africa on political interference with her office.

“My office going forward will, when appropriate, make findings against people who are neither employed by the state nor working for enitities that are funded by the state.

“But I don't want to pre-empt who might be the first person we make a finding against,” she replied when asked if she might make a finding against property tycoon Roux Shabangu

In February Madonsela released a report in which she found national police commissioner General Bheki Cele guilty of improper conduct and maladministration.

This, over his signing off on a R500 million lease for Pretoria's Middestad Building with Shabangu, allegedly without following tender procedures.

At the time the report was released, she said she did not know Shabangu's “point of entry” with the police.

She said her investigation into a second deal involving police leasing a building in Durban's Anton Lembede (formerly Smith) Street from the tycoon at a reported cost of R1.1bn for a period of nine years and 11 months should be completed by mid-May.

Madonsela said her office was recognised as an enforcement agency against corruption.

She did not feel that she was being subjected to any political pressure or interference, but it was “an anomaly” that her R140

million budget came from the department of justice, a department she could investigate.

“I must say, being linked to a government department has been a problem.”

Madonsela referred to the difficulties her predecessor Selby Baqwa had when he investigated the department.

“People can only trust the Public Protector if they view their findings as fair and just,” she said

Political interference would only “negate the consistency of judgements” by the Public Protector and erode peoples trust in the office.

The media had an important role in ensuring that the Public Protector exercised its mandate and was held accountable.

“Freedom of the media cannot be overemphasised.”

Madonsela said the benefit of an effective and responsible Public Protector's office for the state was “reconciliation with its citizens”. - Sapa