Public protector’s chance to salvage her reputation

The public protector Busisiwe Mkhwebane has finally taken up the investigation into the Amathole District’s toilets saga. This week she met with district mayor Nomfusi Nxawe to find out what steps the municipality has taken to recoup the millions paid out as part of the R631m tender, awarded to the politically connected Siyenza Group in 2014. The tender was later found to have been awarded illegally - but not before an amount over R200 million flowed to Siyenza. Mkhwebane also wanted to know what action the municipality has taken against officials implicated in the flawed awarding of the multi-million rand toilets tender.

While it has taken time for Mkhwebane to continue the probe - started by her predecessor Thuli Madonsela - it is still a welcome development. In 2015, East London high court judge Sytze Alkema ruled that Siyenza “illegally manoeuvred themselves” into the contract.

This was because the municipality did not follow supply chain management processes when it hand picked the company.

The Daily Dispatch has reported extensively on how Siyenza failed to deliver on the contract and instead built shoddy toilets. The latest development regarding the Amathole toilets matter comes after the state seized Siyenza Group owner, Bongani Mpeluza’s multimillion-rand home on the luxurious Blair Atholl golf and equestrian estate near Johannesburg.

The state argued that the property had been bought with the proceeds of the fraudulent transactions linked to the scandal.

While there is surely some movement on the case, it is moving at a slow pace. No one has been criminally charged for the blatant crime against taxpayers and the needy communities of Amathole.

Mkhwebane’s conduct since her appointment has not endeared her to observers and civil society - who felt that she was an undeserving replacement to Madonsela. So this is her perfect opportunity for the under-fire Mkhwebane to salvage her dented reputation.

The public protector probe also presents an opportunity for Nxawe, who inherited the scandal from her predecessor Nomasikizi Khonza, to fully cooperate and demonstrate that that she stands for good governance.

In cases where officials are no longer in the employ of the municipality, the law must be followed to the letter