Business Day

Madonsela still awaits clarity on pension

- Bekezela Phakathi Cape Writer phakathib@businessli­ve.co.za

The office of the auditor-general has distanced itself from allegation­s it had cleared former public protector Thuli Madonsela from liability after her son crashed her official vehicle.

Madonsela and Public Protector Busisiwe Mkhwebane are engaged in a war of words following the latter’s decision to dock R470,000 of her pension while she waits for legal advice on the former public protector’s liability. Madonsela alleges that her son drove the car without her permission.

The money was withheld for repairs done on Madonsela’s state-provided BMW after her son crashed it in 2012. Madonsela is also alleged to have continued using the vehicle despite her term ending in August.

According to reports, she has repeatedly said the auditorgen­eral had found she would not be liable for the damages to the vehicle, as she had not given her son permission to drive it before the accident.

However, auditor-general spokesman Africa Boso said: “The auditor-general audits the financial statements of the public protector of SA as part of its annual regularity audits. The auditor-general did not investigat­e the subject of your inquiry as this matter had no impact on the financial statements.”

In a statement on Wednesday, the auditor-general’s office went on to explain that in the course of its 2011-12 statutory audit process, an audit query was raised pertaining to the matter involving Madonsela's official vehicle.

“While this matter was brought to the attention of the accounting officer to take appropriat­e steps in line with the policies and procedures of the Public Protector SA, the [auditorgen­eral] was satisfied with the response as it affected the financial statements on which we were reporting for 2011-12. We issued an official management letter where we set out the findings and secured management's commitment to implement the recommenda­tions made.

“In this regard, it is crucial to note that at no stage did the [auditor-general] perform an investigat­ion into the circumstan­ces surroundin­g the accident. The role of the [auditorgen­eral] is to audit annual financial statements and express an opinion on the fair presentati­on thereof. This does not constitute an investigat­ion and neither does it conclude on the culpabilit­y of officials or any other person for acts or omissions.”

The office of the public protector said this week its decision to withhold part of Madonsela’s pension was above board and in line with Treasury regulation­s.

Public protector spokesman Oupa Segalwe said that the money had been withheld pending a legal opinion from the state attorney. “Correspond­ence has been exchanged between our chief financial officer, former CEO and Madonsela, who held that she was not liable for the damages.”

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