Public protector’s Ace exoneration challenged

A COURT challenge is looming against Public Protector Busi Mkhwebane following her decision to exonerate Free State Premier Ace Magashule of alleged involvement in the theft of more than R200 million intended to benefit black farmers.

The Hawks obtained a search and seizure order in the high court in Bloemfontein which allowed its investigators to raid the offices of Magashule and the Free State Department of Agriculture on January 26.

Mkhwebane has ordered Magashule to institute disciplinary action against provincial agriculture department head Peter Thabete and officials over the illegal issue of a tender worth more than R220 million to Estina Dairy company in the Free State town of Vrede in July 2012.

Mkhwebane made no adverse findings against the Gupta-linked companies involved in the deal but said she’d noted media reports linking them to the matter.

Mkhwebane found the 80 beneficiaries (black farmers) were sidelined which “implied that they were used as pawns to justify the project”.

“A meeting with some of them indicated that they were merely names on a piece of paper with no further information or involvement,” she said.

She said: “National Treasury investigation had revealed that various irregularities with recommendations of disciplinary procedures against both the HOD and CFO, which had been ignored by the provincial government and the premier”.

DA leader Mmusi Maimane said his party’s legal team has been tasked with considering the Public Protector’s report and were likely to determine their next steps after the DA’s Federal Council meeting this weekend.

In February 2014, Magashule during his State of the Province Address (Sopa), said: “The Vrede Dairy project initiated during July 2012 is progressing well. I am particularly pleased that the National Farm Animal Protection Unit of the National Council of SPCAs confirmed on February 19, 2014 that it had undertaken an inspection at the facility and found that ‘no welfare concerns could be detected at the facility at the moment and everything appeared to be up to standard’.”

UDM leader Bantu Holomisa said Mkhwebane’s remedial action proved she had failed to do her job.