Lawyers hired to defend Shiceka

Co-operative Governance and Traditional Affairs Minister Sicelo Shiceka. Photo: Bongiwe Mchunu

Co-operative Governance and Traditional Affairs Minister Sicelo Shiceka. Photo: Bongiwe Mchunu

Published Oct 23, 2011

Share

Co-Operative Governance Minister Sicelo Shiceka has not yet decided whether to go court to overturn the scathing public protector’s report which found he had acted dishonestly, unlawfully and that his conduct amounted to maladministration.

However, he has hired private lawyers to advise him.

Ministerial spokesman Botshelo Rakate last week declined to name the lawyers, saying the matter was “private”, but hinted an announcement would be made soon.

Immediately after Public Protector Thuli Madonsela released the report last week Friday, Shiceka rejected the findings and said the investigation was a charade which had undermined his human rights.

According to the Public Protector Act, only a court can review, and possibly set aside, the findings. These include: Shiceka misused over R540 000 of taxpayers’ money to visit a girlfriend in a Swiss jail, not for an official visit related to 2010 World Cup duties; spent around half a million rand on luxury hotel stays even though an official residence was available in Cape Town; and spent money on flights for relatives.

A possible legal line of attack would be to undermine the credibility of those who spoke to the public protector as disgruntled employees or former employees.

Shiceka’s advisory team submitted that none of the witnesses were subpoenaed, put under oath or represented by lawyers. The public protector responded that all witnesses voluntarily co-operated. Instead the report raised concerns of victimisation after it came to the attention of her office that a number of witnesses had been approached by the minister’s advisory team

Another possible route of attack is the minister’s assertion that staff in his department had abused the travel system for their own benefit and that an investigation was under way.

A third, and possibly insidious, route would be political – that the attacks on Shiceka have come because of the work he has done to root out corruption in municipalities.

In November 2009, Shiceka launched Operation Clean Audit, the government campaign to ensure all of the country’s 283 councils would return clean financial statements by 2014. He has intervened in several councils in the North-West. - Sunday Argus

Related Topics: