E Cape DG denies protector’s report

Mbina-Mthembu rips at Mandela fraud findings

EASTERN Cape director-general Marion Mbina-Mthembu, named in public protector Busisiwe Mkhwebane’s report on the Nelson Mandela funeral funds scandal, has again denied she is to blame for the diversion and misappropriation of R300-million meant for social infrastructure in 2013.

The denial was contained in a letter tabled in the legislature yesterday with the portfolio committee on the office of the premier (OTP), in which Mbina-Mthembu tears into Mkhwebane’s findings against her.

According to Mkhwebane’s report, Mbina-Mthembu – then provincial treasury head – “misdirected” the provincial government into channelling about R300-million of taxpayers’ money to the EC Development Corporation (ECDC).

The money transferred from state coffers was earmarked for a muchneeded boost to social infrastructure in the province, but on MbinaMthembu’s advice, the provincial government transferred it to the ECDC to prepare for Mandela’s funeral, found Mkhwebane.

The DG, in her letter to the OTP committee yesterday, denied responsibility, saying the blame should be laid at the door of the executive council of the province which took the resolution.

She demanded, in a review of Mkhwebane’s report, that the public protector clarify “whether it is true that a resolution of an executive council [exco] can be interpreted as the decision of a technocrat [MbinaMthembu] and thus the technocrat who brings it to exco can be held accountable for exco resolutions”.

“If this is accurate, [Mkhwebane must clarify] whether this is in line with [the] section ... of the constitution which elevates the exco as a collective group that takes executive decisions on behalf of the province,” wrote Mbina-Mthembu.

She also tells the Sicelo Gqobanachaired committee that she disagrees with the figure of R300-million as stated by Mkhwebane, because the Auditor-General put the figure at R35.9-million.

Mkhwebane’s report lambasts Mbina-Mthembu, saying “R300-million funds set aside for social infrastructure was used to buy food and other items whilst the people of the Eastern Cape

In her explanation, the DG appears to pit the findings of the AG against those of Mkhwebane.

“The AG further provided a detailed breakdown of how the R35.9million was utilised after auditing all the quotations received, the invoices and the amounts paid to each supplier,” she wrote. “What is requested from the public protector is assistance with clarity on which report between the two constitutional entities ... should be relied upon and the criterion for that decision.”

The DG also questions Mkhwebane’s finding that her “conduct was improper and constituted maladministration” for approving and authorising procurement of goods and services relating to the funeral and for instructing heads of provincial departments and managers of KSD and OR Tambo municipalities on procurement processes that had to be followed. She said the “virement process” was used “as this was an emergency”.

Gqobana said the committee had limited space to engage because of the legalities involved. “But we will wait for [premier Phumulo Masualle] to draw our attention to that as we are overseeing him,” said Gqobana, and the matter was put to rest. — suffer from underdevelopment”.