Picture: Bongani Shilubane/African News Agency (ANA)

Johannesburg - The ANC's head of elections Fikile Mbalula says he is considering challenging Public Protector Busisiwe Mkhwebane's report which found he had violated the Constitution and the Executive Members' Ethics Act.

Mbalula believes Mkhwebane did not take into consideration his submissions when she made her findings against him.

"I consider it regrettable that the Public Protector has chosen to make the adverse findings against me that she has done. It has now become necessary for me to consider challenging the findings in a court of law. I am presently consulting with attorneys in this regard," said Mbalula in a statement on Friday.

Mkhwebane released her report on Wednesday and said the claim that the sports apparel company Sedgars, which provides sporting clothing to the South African Sports Confederation and Olympic Committee (Sascoc), helped fund Mbalula's family trip to Dubai was substantiated.

Mbalula did not disclose the sponsorship of the family trip in the Register of Member’s Interest as it was required in law and in so doing he violated the Executive Ethics Code.

Mbalula took the trip to Dubai between December 2016, and January 2017. The trip cost R684 620.39. 

Mkhwebane said she could not find evidence that the trip was arranged by Mbalula's office or his family, but rather that the bookings were made by a "Mr Siweya" on behalf of Mbalula with Munlin Travel - a travel agency.

Mbalula has disputed the version provided by Mkhwebane and said her findings were "unsubstantiated and prejudicial".

"I did not breach any provisions of the Constitution, the Executives Members Ethics Code and the Executive Ethics Code," he said.

The former minister insisted that he paid for the trip through a personal loan from a "friend of 20 years" Yusuf Dockrat, who is a director at Sedgars. He claims he paid back the loan in full with interest.

"The short-term loan is confirmed by my myself and Mr Yusuf Dockrat. I do not understand the basis on which my evidence was rejected. Although the Public Protector concluded that I violated the Executive Ethics Code, the  (code) does not require the disclosure of short-term loans," said Mbalula.

He said when he planned the holiday he had hoped to receive funds, but could not do so he made arrangements with Munlin Travel to pay for the trip when he returned from the holiday.

Mbaula also denied possible conflict of interest with Sedgars being a supplier to Sascoc. He said Sascoc is an independent body and the ministry of sports has no control over its management.

The former minister has taken a break from his role as the ANC's head of elections. The ANC's National Executive Committee (NEC) is expected to discuss the report at its meeting in January.

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