Public Protector Thuli Madonsela says she does not agree with ANC national executive committee member and treasurer-general Mathews Phosa’s proposal that her reports on two leases for police headquarters be debated and amended by Parliament.
There was no provision in the law and constitution for Parliament to deal with the reports, she said.
“The public protector has discretion on how to disseminate his or her findings. The Speaker may request a report for tabling in Parliament, but that does not interfere with the direct implementation of the public protector’s findings and points of review on appropriate remedial action.”
Phosa said this week that Parliament was “supreme” and should therefore have the final say on the reports and recommend to the executive the steps it needed to take.
Government spokesman Jimmy Manyi echoed Phosa, saying the action recommended by Madonsela could not be taken “willy-nilly”. As far as the government was concerned those implicated in the report were innocent, he said.
Madonsela made her report, “Against The Rules Too”, on the lease for new police headquarters in Durban, public last week.
Her report “Against The Rules”, on her investigation into the lease for new police headquarters in Pretoria, was released in February.
In both cases, Madonsela found the conduct of Public Works Minister Gwen Mahlangu-Nkabinde and National Police Commissioner General Bheki Cele had been improper and unlawful, and amounted to maladministration. She found the leases, involving R1.78 billion, were invalid and unlawful.
The release of the latest report has been followed by calls for President Jacob Zuma to sack the senior government officials implicated.
Madonsela called on Zuma last week “to do the right thing” by taking action against Cele and Mahlangu-Nkabinde.
But analysts have said they doubt he would take stern action now against them as doing so might jeopardise his chances of securing another term as ANC leader and president of the country.
The ANC is to hold its elective conference in December next year.
On Thursday, Madonsela confirmed that she had met Speaker of Parliament Max Sisulu, but said they had not discussed how her reports were to be handled as this was “clearly regulated by Section 8 of the Public Protector Act”.
The cabinet has been mulling the way forward.
But Madonsela said “each roleplayer is expected to implement findings and the public protector’s point of view on remedial action”.
“Each is required to submit an implementation plan in 30 days.”
Madonsela has met opposition party leaders in Cape Town, launching a road show to strengthen support for the public protector’s office. - Political Bureau