Durban - KZN MEC Belinda Scott’s hopes of taking the report of former public protector Thuli Madonsela on judicial review have been dashed.
This after the provincial government overruled Scott after she threatened last October to take a legal route on the report that made adverse findings against the provincial Treasury.
Independent Media has established that the executive council, led by Premier Willies Mchunu, took a decision to co-operate with Chapter 9 institutions and implement Madonsela’s remedial action.
Scott’s attempt to make representations to Public Protector Busisiwe Mkhwebane to alter the already completed report have also been rejected.
Madonsela released her report, Rocking the Boat, into the abuse of power and victimisation of alleged whistle-blower Fikile Hlatshwayo-Rouget in October.
Hlatshwayo-Rouget, formerly a general manager for fiscal resources, was unfairly suspended and dismissed after she made protected disclosure to head of department Simiso Magagula in connection with suspected corruption, conflict of interest, maladministration and procurement irregularities soon after she was appointed by the Provincial Treasury in August 2013.
At the centre of the protected disclosure were excessive procurement and overpayments of consultants and funding of non-core functions of the department such as air shows and the Durban North Sea Jazz Festival when Ina Cronje was the MEC.
The KwaZulu-Natal provincial government had paid R25million for the event that never took place, and was now a subject of a probe by the Special Investigating Unit.
She detected the irregularities within six weeks of her employment in the department, but some officials ganged up against her by levelling complaints against her and her dismissal was speeded up.
One of Madonsela’s remedial action was that Scott reinstate Hlatshwayo-Rouget within 30 days of the release of the report and be paid monies due to her.
She also ordered for her compensation for financial costs she incurred within 60 days and that she be offered an apology for the unfair dismissal.
Hlatshwayo-Rouget has yet to be reinstated three months after the finding was made public.
This was confirmed by Mchunu’s spokesperson Ndabezinhle Sibiya. Sibiya said Mchunu’s office was interacting with the Office of the Public Protector on the implementation of all the remedial actions.
“As the KwaZulu-Natal government we are committed to strengthen relations with the Office of the Public Protector and other Chapter 9 institutions such as the auditor-general and the SA Human Rights Commission to improve citizen’s exercise of their rights.
“The Premier, Willies Mchunu, has emphasised that the KwaZulu-Natal government will have regular meetings with these institutions of our democracy in order to strengthen good governance for the benefit of the people of this province,” he said.
Madonsela had ordered Mchunu to ensure the remedial actions were implemented within the specified time frames to the legislature and office of public protector.
She had also ordered him to ensure Hlatshwayo-Rouget was not further victimised on her reinstatement to her position.
Mkhwebane’s spokesman Oupa Segalwe confirmed that Mkhwebane has been informed by Mchunu’s office that the remedial action will be implemented in full.
“She was furnished with an implementation plan and she is satisfied,” Segalwe said.
He also confirmed that their office had received representations from Scott after the report was released.
“The position of the public protector was that she is functus officio, meaning once findings and remedial action have been made and a report issued, the report cannot be altered save for things such as spelling errors.
“The only option available to aggrieved parties is to take the public protector on judicial review,” Segalwe said.
Hlatshwayo-Rouget could not be reached for comment and the provincial Treasury referred questions to Mchunu’s office.