Public protector takes legal action over media leak

Public protector Busisiwe Mkhwebane’s office is angry at the leaking of a draft report sent to several parties probably including the City of Joburg and has instructed its representative to lay criminal charges against those involved.

Mkhwebane’s spokesman, Oupa Segalwe, said late yesterday that the representative of the public protector in Gauteng, Winnie Manyathela, opened a case at Hillbrow Police Station in Johannesburg over the leak of a notice served on several parties in terms of s7(9) of the Public Protector Act.

The charge coincided with a parallel criminal case opened by former Joburg mayor and founder of the People’s Dialogue Herman Mashaba against Mkhwebane after the draft report was leaked to the media.

Mashaba laid the charges at the Sandton Police Station where he was accompanied by former chief of the Joburg Metro Police, David Tembe.

Tembe was removed from his position by the ANC when it wrestled power from the DA.

In her draft report, Mkhwebane found Mashaba to have contravened supply chain management policies, conflict of interest, and making irregular appointments, including that of Tembe.

Segalwe criticised the leaking of the document.

“The public protector discourages the publishing of such documents as it prejudices the affected parties and also has the potential to jeopardise investigations,” Segalwe said.

According to Segalwe, police would initially launch an inquiry into the matter before deciding whether to launch a criminal investigation.

Earlier yesterday Mashaba said himself and Tembe were committed to accountability and “holding ourselves to the high ethical standards we set during our service to the people of Johannesburg”.

Previously, Mashaba claimed to have uncovered massive corruption that happened in the city before the DA took over.

“The leak was sent to no fewer than six Sunday newspapers. A leak of this nature is deliberate, coordinated and political in nature. Section 11 of the Public Protector Act makes it a criminal offence, punishable by a fine of R40 000 or 12 months imprisonment,” Mashaba said.

Segalwe said the notice sent to the parties related to the public protector’s ongoing investigation of a 2018 complaint in which allegations of maladministration were levelled against the City of Joburg.

These include claims of irregular staff appointments, irregular salary increases, financial mismanagement, procurement irregularities and conflict of interest.