Public works minister Gwen Mahlangu-Nkabinde had a serious case to answer as she had concluded the controversial R500 million lease agreement for the SAPS headquarters despite advice to the contrary from two senior counsel, a policing expert said on Thursday.
This came as the national police commissioner Bheki Cele passed the buck to the minister while disputing the findings of the public protector that he had acted unlawfully, and questioned her independence during the investigation.
The minister is yet to respond to public protector Thuli Madonsela’s findings that the SAPS and the department of public works acted improperly in concluding a R50m lease deal with property mogul Roux Shabangu.
Attempts to get comment from the minister’s office drew a blank on Thursday as it is understood they were still familiarising themselves with the contents of Madonsela’s report.
Mahlangu-Nkabinde concluded the deal immediately after her appointment as minister in 2010, saying the lease was valid and had to be honoured as the department risked a lawsuit of the amount worth the same as the contract.
Addressing a media briefing on Thursday, Cele blamed the entire debacle on the department of public works and SAPS officials delegated to deal with procurement matters, particularly Lieutenant-General Hamilton Hlela, who has since resigned from the SAPS.
Cele said he also took issue with “bold assertions” that the public protector had found him guilty of anything as only a court of law had the powers to do that.
He has questioned the fairness of the investigative process and the public protector’s independence in the investigation as the Special Investigating Unit has been involved.
Madonsela’s spokesman, Oupa Segalwe, said on Thursday they did not want to engage with the SAPS in the media.
But he repeated her statement that the public protector was entitled to ask any institution for assistance and co-operation in order to carry out her functions as per section 7 (3)(a) of the Public Protector Act.
“The issue is not about who helped through the investigation but whether the public protector’s findings are flawed in material or fact,” said Segalwe.
Cele said he had raised concerns about this process and the SAPS was seeking legal advice on how to proceed with the matter.
“Her finding that I was involved in improper, unlawful conduct which amounted to maladministration is disputed.
“I do not see how the public protector made these findings against me on an issue which is not my responsibility.
“On this score, I would want to remark that we have a factual and legal difference with the public protector, hence I am being advised on the matter,” said Cele.
He said he welcomed the public protector’s finding that there was no improper relationship between him and Shabangu and that he had not signed the lease.
However, the SIU said on Thursday its involvement in the investigation had not compromised the public protector’s independence in that she was entitled by law to ask for assistance from government bodies as she saw fit.
“The Special Investigating Unit is in agreement with the public protector’s assessment that she is entitled to request assistance with an investigation as she deems necessary.
“The SIU has also obtained its own independent legal advice and is confident that the position of the public protector as spelt out in section 6.2 of her report is correct.
“The SIU’s wider investigation into procurement concerns at the SAPS (authorised by President Jacob Zuma in Proclamation R42 of 2010) is ongoing.
“We have made good progress and there has been good co-operation from the SAPS in this regard,” it said on Thursday.
Institute for Security Studies policing specialist Johan Burger said he was concerned that there was less of an attempt to make the minister accountable as she had pushed the deal through.
“What worries me is that there is less of a concentration on the department of public works role in this as they have more to answer since they concluded the deal despite legal advice to the contrary.”
Burger said he was concerned about the calibre of people being employed to advise ministers and officials such as Cele. - Pretoria News