Mashaba and Tembe open Criminal Case Against Leak of PP Draft Report

8 June 2020

Today I have opened a criminal case at the Sandton Police Station over the illegal leaking of the Public Protector’s Draft Report.

I was joined by the former Chief of Police in the City of Johannesburg, Mr David Tembe, who has been equally impugned by this leak.

The leak was sent to no fewer than 6 Sunday newspapers. A leak of this nature is deliberate, coordinated and political in nature.

Section 11 of the Public Protector Act makes it a criminal offence, punishable by a fine of R40,000 or 12 months imprisonment.

The reason for this, is that the leaked draft report was exactly that, a draft report. I am still currently finalising our submission to demonstrate the serious errors in law and fact contained in the draft report.

It would not be a difficult process to investigate who is responsible for the leak of this draft report. Other than Chief Tembe and I, only two other parties had this draft report, the City of Johannesburg and the Office of the Public Protector.

Until the person responsible for the leak is found, I am going to hold the Public Protector’s Office and our criminal justice system to account.

I must emphasise that former Chief Tembe and I are resolute in our commitment to accountability, and holding ourselves to the high ethical standards we set during our service to the people of Johannesburg.

The findings in this draft report are flawed and, should they remain in the final report, we will be pursuing legal action, independently, to overturn it in the High Court.

I am adamant that I will subject myself to the public scrutiny of an open court of law so that the media and people of this country can see the evidentiary submissions we have made, and will continue to make, to refute these baseless allegations.

Issued by Herman Mashaba, Founder, The People’s Dialogue, 8 June 2020