Public Protector Draft Report Leaked
6 June 2020
A few weeks ago, I received a section 7(9) notice from the Public Protector, Adv Busisiwe Mkhwebane, and a draft investigative report which articulated draft findings against me during my time as Mayor of Johannesburg. In terms of the Public Protector Act, I must be given a chance to respond to the draft report, before it is finalised. I have not yet provided my response to the draft report.
Yesterday I received queries from no fewer than 5 media houses, claiming to be in possession of the draft report by the Public Protector. This in spite of the fact that I have not yet furnished the Public Protector with my formal response to the draft report, as required by law. My legal team, which includes Senior Counsel, is currently preparing my official response to the draft report. It is clear to me that the draft report has been leaked.
At the outset I wish to put it on record that I disagree with the findings of the draft report and I am of the opinion there are material errors of both law and fact. I have instructed my legal team of these errors which will be fully ventilated in my response to the Public Protector. My legal team share my concerns. It is equally important to state that I do not know who leaked the draft report, however, I trust that the relevant authorities will endeavour the find out who did so.
The leaking of the draft report is a criminal offence in terms of section 11 of the Public Protector Act, and is clearly a malicious and deliberate effort to distract from the launch of The Accidental Mayor – a tell-all, behind the scenes account of my mayoralty in the City of Johannesburg.
The investigation by the Public Protector arose from a litany of allegations levelled by the ANC in Johannesburg. Innumerable hours have already been spent furnishing evidence that wholly refutes these claims.
It is important to note that in December 2019, the Public Protector, in a press conference, stated that the allegations against the me, as former Johannesburg Mayor, were unsubstantiated. The Section 7(9) notice has accordingly taken me by surprise.
I have already commenced consultation with my legal team, and I am prepared to take this matter to court, in the event that my response to the section 7(9) notice is not given due consideration.
In the interim, I have written to the Public Protector requesting a full investigation into the leaking of the draft report. The Public Protector Act makes it clear that draft reports remain confidential until finalised and that the leaking or draft reports constitutes a criminal offence. The Office of the Public Protector should act swiftly to remedy this breach of confidentiality and ensure the integrity of its processes going forward.
The leaking of the draft report is highly prejudicial to myself and in the event the findings remain the same after the final report is released I will approach the High Court in order to have the final report reviewed and set aside.
Issued by Herman Mashaba, Founder, The People’s Dialogue, 5 June 2020
