President Jacob Zuma has been wrong in dismissing as a “publicity-seeking stunt” the DA’s decision to file criminal complaints against national police commissioner General Bheki Cele and Public Works Minister Gwen Mahlangu-Nkabinde in the wake of the public protector’s reports on the dodgy leases for SAPS headquarters, the party has said.
Zuma has lashed out at the DA through his spokesman, Mac Maharaj, saying “it’s a pity the DA hasn’t been able to get its basic facts right and has rushed for a publicity-seeking stunt”.
The statement came as Zuma announced he had “accepted” and was “systematically processing” Public Protector Thuli Madonsela’s damning reports on the leases.
DA MP Wilmot James said on Tuesday that any suggestion the party was acting frivolously “misrepresents and misunderstands the seriousness of our concerns”.
“Whatever remedial action the president is considering… it is clear contraventions of legislation have occurred. There is therefore no compelling reason why he has not referred them to the police.
“Given the seriousness of the issue, it is imperative justice be swiftly and severely meted out to those implicated, particularly at the highest level of government. Nobody should be above the law.”
In her two reports on buildings in Pretoria and in Durban, Madonsela said she had found evidence of unlawful actions and maladministration. She recommended steps be taken against officials involved in leasing the buildings from businessman Roux Shabangu at vastly inflated prices.
Madonsela was particularly critical of Mahlangu-Nkabinde’s role.
The minister approved the lease for Pretoria’s Sanlam Middestad building despite its having been put on ice by her predecessor, Geoff Doidge, pending the completion of the protector’s probe.
Madonsela also accused Mahlangu-Nkabinde of not fully co-operating with her investigation – a criminal offence.
The DA filed complaints against the minister alleging contraventions of the Public Protector Act and against Cele under the Public Finance Management Act.
Zuma has come under mounting pressure to act decisively and swiftly. On Monday it emerged that Zuma had written a letter to National Assembly Speaker Max Sisulu in which he detailed the steps he was taking to implement Madonsela’s recommendations.
According to the letter, Mahlangu-Nkabinde has imposed a six-month moratorium on the procurement of goods and services by her department, which is responsible for securing and maintaining office accommodation for other government departments.
It is unclear how the moratorium will affect this service to other departments.
Mahlangu-Nkabinde plans to use this period to strengthen the capacity of her department’s legal services unit to enable it to deal with large-scale transactions and has undertaken to review all contracts.
Details emerged earlier this month of a questionable leasing arrangement by the Department of Public Works, for the Department of Justice.
Justice Minister Jeff Radebe has told MPs his department has been paying R3.6 million a month since January for a building that will not be occupied until November.
The DA has calculated taxpayers would have paid R84m in rent for a building that would have been unoccupied for much of the time.
The Department of Justice has also forked out R150 000 for security services for the vacant building.
Zuma’s letter to the Speaker suggested Police Minister Nathi Mthethwa had instructed the head of the police secretariat to study the protector’s report and inform her whether any officials should face possible action – and to seek legal advice in this regard.
But
James said: “The Speaker has no jurisdiction over criminal offences, so any report to him will not relate to criminal actions.
“We trust the SAPS will do the right thing, as it seems the president is unwilling or unable to do so.” - Political Bureau