PRESIDENT AND WESTERN CAPE PREMIER FAIL TO IMPLEMENT BINDING PUBLIC PROTECTOR REMEDIAL ACTION
14 January 2022
Nearly three months after the Public Protector found Western Cape Premier Alan Winde and his MEC for Local Government Anton Bredell in breach of the Executive Ethics Act, ordering President Cyril Ramaphosa to act against Winde, and Winde to act against Bredell within 60 days, no remedial action appears to have been implemented.
The Public Protector found that Winde acted unconstitutionally when he told the Parliamentary Portfolio Committee on Co-operative Governance and Traditional Affairs in June 2020 that a political agreement between Bredell and DA councillors, in the Oudtshoorn Municipality, to place the council under the administration of the province was legal.
Bredell was found to have breached his legal and constitutional obligations to address fraud, corruption and maladministration allegations at the Oudtshoorn Municipality as required by Section 139 of the Constitution and Section 106 of the Municipal Systems Act.
Bredell was also found to have breached the Executive Ethics Act and Code when he did not act diligently and in good faith as required in terms of paragraph 2.1 of the Executive Ethics Code. The Public Protector found his conduct was not in the best interest of good governance or consistent with his office. The MEC had exposed himself to the risk of a conflict between his official responsibilities as MEC and his private interest as a member of the DA, the Public Protector said.
The findings arise out of Bredell’s suggestion to the DA Oudtshoorn councillors to request him to place Oudtshoorn under provincial government administration so that the councillors could focus on political work in the run up to the local government elections last year.
The matter was reported to the Office of the Public Protector by the GOOD Party.
Releasing her office’s findings on 22 October 2021, the Public Protector ordered the President to report to her on his implementation of remedial action against the Premier within 60 days, and ordered the Premier to report to her on his implementation of remedial action ordered taken against MEC Bredell.
A 2016 Constitutional Court judgment, dealing with the Public Protector’s report into Nkandla, the court held that the Public Protector’s findings and remedial action are binding. The Chief Justice said that “when remedial action is binding, compliance is not optional”.
On 28 December 2021, after the 60-day deadline had already expired, MEC Bredell addressed a letter to the Premier indicating that he had consulted with the State Attorney and intends to bring an application to review that Public Protector’s findings and remedial action.
The MEC has to date had more than 80 days to bring his review application but has failed to do so. A letter of intent to do so is not a basis for the Premier to suspend the pre-emptory remedial action ordered by the Public Protector.
This is the second finding of a breach of the Executive Ethics Act and Code against Bredell in this term of office.
Winde, who claims to lead a Western Cape government of integrity has had four members of his executive found to have breached the Executive Ethics Act and Code: the Premier himself, Bredell twice and serial liar Bonginkosi Madikizela.
A cushy job as special adviser to Winde is being lined up for Madikizela, who resigned as an MEC last year after being exposed for lying about his qualifications and lying to parliament.
Statement by Brett Herron, GOOD: Secretary-General and Member of Provincial Parliament, 14 January 2022
