Public Protector Thuli Madonsela says the Department of Public Works has breached an agreement made in good faith by going ahead with a tender for new SAPS headquarters in Durban. Madonsela is now to meet Public Works Minister Gwen Mahlangu-Nkabinde for an explanation.
Justice Minister Jeff Radebe and cabinet secretary Cassius Lubisi in March reached an agreement with Madonsela that she first conclude her investigation into the Durban SAPS headquarters before carrying out the remedial action she asked for after finding that the R500 million lease for the new Pretoria SAPS HQ was invalid and unlawful.
It was also agreed that SAPS and Public Works would not proceed with any further action regarding new headquarters, to allow her to conclude her investigation, and that both reports would then be dealt with by the cabinet together, Madonsela said through spokeswoman Kgalalelo Masibi.
However, the department put out the tender for a new KwaZulu-Natal police HQ in April, after the agreement had been reached. Madonsela, whose Durban probe is still under way, was not told of this.
Madonsela, who is in London, said through Masibi that the Public Works Department and Mahlangu-Nkabinde, its political head, would have to account for this.
“The Public Protector is of the view that there has been a breach of this agreement.
“The Public Protector expected to have been duly informed of the tender process, due to the fact that the veracity of the determined accommodation requirements of the SAPS headquarters in Durban is still under investigation.”
While no agreement was signed between the parties, “a good-faith agreement was entered into”, she added.
“The Public Protector needs answers.”
Government spokesman Jimmy Manyi said the cabinet was still awaiting a report and could not comment.
The Department of Public Works declined to comment.