Motau Task Team: Minister Mokonyane cannot play judge and jury

13 October 2016

The Minister of Water and Sanitation, Nomvula Mokonyane’s bizarre announcement that she has established a Task Team to investigate maladministration in the procurement of various projects is a gross conflict of interest. Indeed, this is particularly troubling considering that she herself has been implicated in unduly influencing procurement processes in the Lesotho Highlands Project. 

The establishment of this Task Team will, in effect, see Minister Mokonyane investigating herself, thereby making her both judge and jury. 

The Public Protector is already engaged in an investigation into tender manipulation in the Lesotho Highlands Water Scheme project, and the Minister herself has been implicated in these allegations. The DA wrote to the Public Protector in July, requesting her to broaden her terms of reference to include all major projects within the Department of Water and Sanitation – which would mean that the Minister’s task team will be running a parallel process to that of the Public Protector’s Office.

Paragraph 2(b) of the Executive Ethics Act expressly prohibits cabinet Ministers from:

(iii) exposing herself to any situation involving the risk of a conflict between her official  responsibilities and her private interests; 

(iv) using her position or any information entrusted to her, to enrich herself or improperly benefit any  other person; and

(v) acting in a way that may compromise the credibility or integrity of her office or of the  government.  

By establishing a Task Team that reports to her, the Minister is clearly in violation of the Executive Ethics Act.

It is also clear that the Minister wishes to avoid answering any written or oral questions that the DA could pose to her that fall within the terms of reference of the Task Team as quoted from her Media Statement:   “It must be understood that the Task Team must be allowed time and space to conduct its work independently and without fear or favour. Thus, the Ministry will not make further public statements on matters under the inquiry until the conclusion of its work.”

The DA cannot support the Task Team, as it is not likely to produce a fair and unbiased report. The Minister is learning from the best, creating her own Seriti Commission. The DA believes that the Public Protector’s investigation must be concluded.

The Minister’s department has recorded an under expenditure of R189 558 million for the 2015/16 financial year, and a rollover of R77 448 million to the 2016/17 financial year was not granted by National Treasury. 

Since the Minister’s appointment, more than R2.5 billion was returned to National Treasury that should have been spent on refurbishing our water infrastructure as well as ensuring that all communities have access to clean drinking water.

It would be highly irregular for Ministers to be allowed to investigate themselves and we are hopeful that the outgoing Public Protector, Adv Thuli Madonsela, will advise her replacement to continue with the investigation steadfastly.

Issued by Leon Basson, DA Deputy Shadow Minister of Water and Sanitation, 13 October 2016