Johannesburg - The Alexandra Renewal Project (ARP) ghosts are set to haunt some individuals following Public Protector Advocate Busisiwe Mkhwebane's call for a Special Investigations Unit (SIU) probe.
Mkhwebane released a report in collaboration with the SA Human Rights Commission (SAHRC) looking into allegations of poor socio-economic conditions, lack of essential services, potential prejudice, and impact on fundamental human rights in the township.
At least R1.3 billion was earmarked for the project, but accounting for the expenditure has been tricky. Mkhwebane has called on Gauteng Premier David Makhura to request the President (Cyril Ramaphosa) to issue a Proclamation in terms of Section 2(1) of the Special Investigating Units and Special Tribunals Act, 1996 to investigate the ARP.
Amongst others, the following allegations in relation to ARP:
- Procurement fraud and/or irregularities
- Post facto approvals, irregular awards, advance payments
- Conflict of interests
- Unauthorised expenditure, fruitless and wasteful expenditure and any other form of maladministration and/or misappropriation of public funds
- Recovery of public funds where appropriate
"To facilitate an overall multidisciplinary approach and collaboration between provincial and a local sphere of the government for an ultimate realisation and improvement of service delivery issues in Alexandra. We make a recommendation in pursuit of section 6(4)(c)(ii) of the Public Protector Act that the Head of the Directorate of Priority Crimes Investigations (DPCI/Hawks) must consider a criminal investigation where it appears crimes have been committed in relation to the Alexandra Renewal Project," said Mkhwebane.
The ARP has been a hot potato since its inception, with allegations of politicians enriching themselves. The project was thrust under the microscope in April 2019 when the residents of Alexandra Township and surrounding areas embarked on protest action regarding ongoing service delivery failures.
The SAHRC and Mkhwebane's office launched a joint investigation to look into the allegations and underlying issues of their socio-economic rights. SAHRC Commissioner Andre Guam said on the back of a site visit and owing to myriad cross-cutting issues highlighted by the residents of Alexandra; it made sense for the two organisations to join forces.
He said they found that the realisation of the right to "adequate housing" and security of tenure in Alex is, as it is in the rest of Gauteng and other economic hubs, despite the progress made by the state, far from significantly realised.
He called on the government to provide answers and plans on turning the tide in the township.
"To this end, the relevant organs of state must provide to the Commission, within 60 days of the release of this report, a report and plans, which must specifically indicate the measures to be implemented to remedy concerns noted by the Commission in this report," Guam said.
He added that the report and plans must address:
Measures taken in response to the number of people who applied for state or Reconstruction and Development Programme (RDP) housing in the mid-1990s and who 20 years later, are still waiting to be allocated housing;
Controls in place to mitigate against the recurrence of illegal occupation of RDP housing allocated to other people, as well as the erection of illegal structures; and the steps to be taken to remedy the existing breach to community members whose rights have been usurped by illegal occupation;
A description of property that has been identified for development;
A by-law enforcement and accountability strategy and implementation plan; and
Detailed information in respect of mitigation actions relating to the loss of water, monitoring exercises, the accessibility of sanitation and water for vulnerable persons; and time frames within which basic minimum standards will be achieved.
Guam added that the situation in Alexandra, as it relates to education, healthcare, housing, and basic service delivery speaks to the barriers that exclude predominantly black communities from positive human development on an equal basis with others, and from having equal opportunities to contribute to society.
"These conditions, without a doubt, have a negative impact on transformation and social cohesion in the country. The right to freedom and security is an example that clearly demonstrates the compounded impacts on rights when viewed in systemic inequality and weak enforcement and deterrence. From an equality perspective, it is critical that gender-based violence is prevented and that the safety and security of vulnerable groups like children and persons with disabilities are secured. The inquiry revealed that Alex is unsafe even for the police themselves, who are trained and equipped with tools to fight crime," he said.
Mkhwebane added that despite the allegations that the management and delivery of bulk municipal services in Alexandra by the City of Johannesburg (CoJ) is not in line with the Constitution, there was evidence that change was in the pipeline despite shortfalls.
"It is noted and fully acknowledged the practical and significant steps taken by CoJ as is evident from its Implementation Baseline Plan to commit and continue to endeavour to meet its obligations. It is further acknowledged that most of the adverse findings in the interim report are already mitigated as most projects are already completed while others are still underway," she said.
Mkhwebane further called on the City of Johannesburg to ensure consistency in delivering the services as indicated in the Implementation Baseline Plan provided to her office to meet its obligations.
Mkhwebane's report was also scathing on the province's department of human settlements. She said the Gauteng Department of Human Settlement (GDHS) did not provide records in connection with financial, procurement, business plans, maps, drawings, contracts, list of service providers, and expenditure incurred or undertaken under the ARP due to alleged seizure of such records by CoJ's forensic investigators.
"As a result of the lack or absence of such records, no audit could be done by the office of the Auditor-General of South Africa as well as by this Joint Investigation Team, to determine the just and fairness of the procurement processes and the value for money spent under the ARP. However, Madhlopa and Thenga Incorporated Attorneys has already been appointed by CoJ to conduct a forensic investigation on the entire administration of ARP," she said.
Last month, The Sunday Independent reported that in the past 15 years, the ARP has seen a cash injection from various departments. The Gauteng Department of Human Settlement, contributed R600 million, City of Johannesburg R463 million, Human Settlement Fund R88 million, MIG/CMLIP R173 million, Gauteng Department of Transport R109 and Gauteng Department of Economic Development R15 million, amounting to R1.4 billion.
Former Joburg mayor and ActionSA President Herman Mashaba said the findings are crucial and will go a long way toward giving the people of Alex deserved answers to what became of the money meant to drive development in the area. He said the ANC would have to account for the expenditure of the ARP budget.
"City of Johannesburg has 60 working days to submit... the City's Group Forensic Investigative Services' (GFIS) investigative report into allegations of corruption and mismanagement in the ARP. This report was commissioned by the multiparty government, which I led, following evidence of corruption that undermined efforts to bring development to the residents of Alex. GFIS had received information that the ARP, which was launched in 2001, served as a slush fund for the ANC while it controlled the City of Johannesburg and the provincial government," he said.
Mashaba added that where appropriate, the SIU must institute proceedings to recover public funds stolen.
"The time has come for both Makhura and Ramaphosa to finally put their words into action and ensure that corruption – from the ANC's ranks – is dealt with using the full might of the law. This will be the true test of their resolve to fighting corruption and assisting the people of Alexandra," said Mashaba.