Public Protector Report: DA lays criminal charges

The DA has been concerned for some time at President Jacob Zuma's lack of decisiveness and leadership, more particularly in regard to the Public Protector's reports into the serious maladministration and unlawful activities in the South African Police Service (SAPS) and Public Works Departments regarding the procurement processes in respect of lease agreements for SAPS premises.

We have waited for the President to take appropriate action, but after a long silence all that has been forthcoming was an announcement on Friday that he would submit his "preliminary response" to the National Assembly next Friday, and that he believes there are "some aspects that ... need further clarity".

The situation is quite clear to us. The Public Protector has made certain findings in connection with the leases. These findings were released in February this year in connection with the Pretoria lease, and on 14 July in connection with the Durban lease.  Both reports found serious maladministration, and "reckless" dealings with public funds.  Contraventions of various laws were identified, and specified by the Public Protector.  For the President to second-guess the findings of the Public Protector is undermining of her office and the vital work that it does.

The DA has consistently expressed our support for the Chapter 9 Institutions, and the importance of them remaining independent and holding the government accountable.  We have thus been concerned at the recent targeting of corruption-busting institutions such as the Public Protector and the Special Investigating Unit (SIU).  The President, despite expressing his support for these institutions and his commitment to transparency and good governance, fails to act accordingly.

In accordance with our belief that government must be held accountable, and in support of the office of the Public Protector, the DA on Friday laid criminal charges against certain individuals, arising from the Public Protector's reports.  We have laid charges against:

National Police Commissioner General Bheki Cele, in his capacity as accounting officer for the SAPS, for failing to comply with the relevant provisions of the Public Finance Management Act, as  well as the Government Immovable Asset Management Act, 2007.

Minister Gwen Mahlangu-Nkabinde, for contravening the Public Protector Act by failing to co-operate with the Public Protector in answering questions put to her in respect of the lease agreement in Pretoria, for continuing with the implementation of the lease agreement in Pretoria despite an undertaking to the Public Protector not to do so until she had finalised her report, and for continuing with a further procurement process in April this year in respect of the Durban lease, again in violation of the agreement with the Public Protector.

We have also laid charges in terms of the Intimidation Act, as a result of statements in the Public Protector's report to the effect that Public Works Director-General Siviwe Dongwana feared for his safety and that of his family, as a result of pressure put on him by the Minister and by businessman Roux Shabangu.

Mr Roux Shabangu, in terms of the Intimidation Act, for his actions in pressurising Mr Dongwana into agreeing to the lease agreement, despite the Director-General's misgivings.

Mr Siviwe Dongwana, the Director-General of the Department of Public Works at the time, for failing to comply with his responsibilities as accounting officer, in particular for failing to report to the Treasury and the Auditor-General the reasons for deviating from a competitive tender process.

We trust that the SAPS will do the right thing, as it seems the President is unwilling or unable to do so.

Joint Statement by Wilmot James, MP and Debbie Schafer, MP, DA Federal Chairperson and DA Shadow Deputy Minister of Justice and Constitutional Development, August 7 2011

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