DOCUMENTS

I will pay for the car my son damaged - Thuli Madonsela

Former PP says she is doing this as it is the right thing to do

Letter from former Public Protector Thuli Madonsela to her successor Busisiwe Mkhwebane, 10 February 2017

Payment Offer: Cost of Car Repair and Car Rental

I hope this finds you well.

Kindly receive my offer to pay for the cost of the repairs for the state car that was damaged in an accident while being driven, without my authorization, by my son, who was about 22 years old at the time. The offer effectively authorises the Public Protector of South Africa ex post facto to keep the amount arbitrarily deducted from my gratuity on 15 October 2016.

After careful consideration of this matter in the light of my moral values and ethics, I have concluded that paying for the damage caused by my son who can't afford to do so, is the right thing to do. I also reiterate the apology I made to government and the people of South Africa on behalf of my family about the regrettable incident that led to the repair costs.

I have noted from your media communication and the documents forwarded by the Public Protector of South Africa to me, that the total amount that was deducted from my gratuity on 15 December 2016, under your direction and control, is R 470.000.00.

However, it is important to place on record that my offer to pay is made from my moral ethical stance.

I maintain, as previously communicated to the Public, Parliament and persons delegated by you to inform me about the intended deduction that I never personally acted in contravention of any Public Protector South Africa policies, applicable government prescripts and general laws of the land required of me regarding the accident. My legal stance accordingly remains unchanged.

I also remain concerned over the lack of satisfactory answers regarding the anomalously high amount for repairs which is virtually two thirds of the value of the car at the time of the crash.

Please further note that I have also decided that, in the interest of closure and peace, you are authorised ex post facto to keep the amount unilaterally deducted from my gratuity for the use of the Mercedes that I continued to use during the VIP cooling period in accordance with the letter

from SAPS VIP Protection that I received on 14 October 2016. The letter, whose contents were buttressed by General Ngcobo and Moutlana at the meeting of 14 October 2016, stated that I was to remain on VIP Protection, with the security detail incorporating the car, until 30 November 2016.

I must say I was surprised to see that, despite the above information having been communicated to your office in November, the media has reported that you have since professed not to have known about the said SAPS VIP Protection authorisation.

Another information denial that surprised me relates to media reports stating the issue of the car accident was never dealt with by the Auditor General. In this regard, I am grateful that the Auditor General has since confirmed through a published statement that the matter was indeed the subject of an Audit query.

I have noted that the statement advises that the audit query process did not deal with or make findings on the circumstances of the accident or scrutinise my conduct.

Correspondence between the Public Protector of South Africa and the Auditor General on this matter, which has apparently disappeared, could clarify why I concluded that my conduct was under scrutiny. I do believe that availability of the missing correspondence could help clarify the basis for the impression I formed that my conduct was under scrutiny and that in the absence of an adverse finding in this regard, I had not been found wanting.

Specifically, the missing correspondence would have been helpful to clarify exactly what questions were asked and to whom and what was discussed during a face-to-face meeting between myself and the Auditor General team on the matter.

Nevertheless, I am supremely grateful for the Auditor General's clarification as it justifies the view I have always held and communicated to the public and Parliament in the last few years that the Auditor General considered the matter and made no finding of wrongdoing on my part.

In conclusion, this letter makes an offer that seeks to ensure closure on this matter. Specifically, I give you, the Public Protector, and the administration under your control and guidance, ex post facto authorisation of the deduction of the amount already deducted. My only request is a relevant invoice and a receipt for the said amount.

I trust that this settles the money matters, with the outstanding matter only being the gratuity amount, which I believe should be settled by an audit by the Auditor General assessing the consistency with which the formula has been applied for my predecessor and myself.

Best wishes as you play your part in supporting and strengthening constitutional democracy since I have reprised my life long civic role as a human rights activist focusing on empowering ordinary people in defence of human rights, constitutional democracy and the rule of law; we are likely to find ourselves sharing space from time to time. It is my hope that when that happens we will do so with grace powered by a commitment to service our people and to help them make democracy work for them. I hope that knowing that the rule of law cause, incorporating fostering good governance and combating corruption, could never have an oversupply of hands, will inform our actions.

Kindly convey my warmest regards to the Public Protector Team.

I am deeply grateful for the Public Protector Team's commitment to allow me to lead it in pursuit of the institution's mandate of strengthening constitutional democracy by protecting the public against all forms of improper and prejudicial conduct while fostering good governance in state affairs.

When I saw the news of you handing the final cheque to Mr Skosana as remedial action under the "Cost of Disempowerment" Report (2015), I could not help remembering how we used to celebrate the implementation of remedial action for the persons we fondly referred to as Gogo Dlaminis.

Thank you for carrying the baton forward and hopefully he will receive the written apology, which is the final outstanding remedial action, soon.

Please convey my deepest gratitude to the entire Public Protector Team for well wishes, prayers and thoughtful send-off gifts, including the remarkable proudly South African artwork, iPad Mini and a spa voucher. It was a privilege to lead the remarkable Public Protector team.

Strength and growth as you move forward.

Sincerely,

Adv. Thuli Madonsela

Public Protector of South Africa 15 October 2009 - 14 October 2016

Source: https://twitter.com/karynmaughan