Business Day

Mkhwebane and the benefit of the doubt

- Karyn Maughan Sowetan

Public protector Busisiwe Mkhwebane has cleared former Free State premier Ace Magashule of accusation­s that he twice misled the province’s legislatur­e, in a report markedly different from her scathing assessment of President Cyril Ramaphosa ’ s alleged dishonesty to parliament over his campaign funding. /

Public protector Busisiwe Mkhwebane has cleared former Free State premier Ace Magashule of accusation­s that he had twice misled the province s legislatur­e, in a report markedly different from her scathing assessment of President Cyril Ramaphosa s alleged dishonesty to parliament over his CR17 campaign funding.

Both Ramaphosa and Magashule were accused by DA members of violating the executive ethics code in their responses to questions posed to them in the National Assembly and the Free State legislatur­e respective­ly.

Mkhwebane accepted Magashule s claims that he had not deliberate­ly lied to the legislatur­e in written responses to questions about his office s involvemen­t in the funeral arrangemen­ts of health MEC Fundiswa Ngubentomb­i or his knowledge of a scathing forensic investigat­ion into his office s irregular contract with a communicat­ions company. In Ramaphosa s case, in a report that was subsequent­ly overturned by the high court in Pretoria, Mkhwebane found the president had misled parliament about a R500,000 donation to his CR17 campaign by corruption-accused facilities management company Bosasa.

After being asked about a R500,000 payment made to an account allegedly belonging to his son Andile, Ramaphosa said the money was linked to his son s consultanc­y contract with the company. Days later, Ramaphosa wrote to the National Assembly speaker to rectify that, clarifying that the money was, in fact, transferre­d into a CR17 campaign account.

He insisted he had made a genuine mistake, but Mkhwebane refused to accept that explanatio­n. He deliberate­ly misled parliament, in that he should have allowed himself sufficient time to research on a well-informed response,” she said about Ramaphosa.

High court judge Elias Matojane, in overturnin­g Mkwebane s findings, said she did not only commit a material misdirecti­on in her legal approach, but also reached an irrational and unlawful conclusion on the facts before her ”. Mkhwebane will challenge the ruling in the Constituti­onal Court in November.

Magashule referred to that high court ruling when he responded to a notice from Mkhwebane that he had been implicated in her investigat­ion of the Ngubentomb­i complaint, in which he was accused of lying to the legislatur­e about his offices involvemen­t in the MEC s funeral arrangemen­ts and its commitment that the provincial government would refund money spent on the funeral by a local municipali­ty.

The public protector s position taken in respect of the investigat­ion against me bears similarity to the Bosasa CR17 investigat­ion conducted by her office,” Magashule stated in a July 2020 letter, adding that the approach taken by the high court in that matter is dispositiv­e of this investigat­ion ”.

Magashule contended that the ruling given in favour of his political nemesis clearly supported his stance that there was no merit to the funeral arrangemen­ts complaint against him.

While some of these arrangemen­ts were done under the auspices of my (then) department, I had no knowledge of same as this was carried out by my officials,” Magashule stated.

In consequenc­e, I would have had no subjective knowledge of the role my department may have played in the funeral arrangemen­ts, and consequent­ly could have had no knowledge to intentiona­lly mislead the legislatur­e when my answer was given.”

While finding that Magashule s reply to questions about his office s involvemen­t in Ngubentomb­i s funeral can be construed as vague and to an extent inadequate ”, Mkhwebane concluded that it cannot be regarded as evasive and/or misleading and cleared him. Mkhwebane s spokespers­on

Oupa Segalwe told Business Day on Thursday that her decision was not a result of Magashule s comments on the Bosasa high court ruling.

Mkhwebane also cleared Magashule on Wednesday of accusation­s made by DA MP Roy Jankielsoh­n that he had lied to the Free State legislatur­e when he denied knowledge of findings made about the office of the premier s allegedly irregular contract with a communicat­ions company.

The company, Letlaka Communicat­ions/Media, had reportedly been linked to a R48m Free State online website scandal. The Treasury initiated an independen­t forensic investigat­ion into how it had come to be appointed as the preferred service provider to Magashule s office and other provincial department­s.

That report, which was provided to Magashule s office in February 2014, found that the appointmen­t did not adhere to regulation­s. It also found that the appointmen­t of the premier s office as the implementi­ng agent of that deal, on behalf of other provincial department­s, was irregular.

More than a year later, and in response to a question from Jankielsoh­n, Magashule appeared to deny knowledge of that report and recommenda­tions by then finance minister Pravin Gordhan that appropriat­e action be taken against officials implicated in financial misconduct.

In response to questions from Mkhwebane, Magashule claimed that, because there were three versions of the report in question, he was trying to establish which one Jankielsoh­n was referring to. He denied that he had disavowed knowledge of the report.

Mkhwebane accepted that explanatio­n.

Sandile

 ??  ?? Off the hook: ANC secretaryg­eneral Ace Magashule has been cleared by the public protector of accusation­s that he twice misled the Free State legislatur­e.
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Off the hook: ANC secretaryg­eneral Ace Magashule has been cleared by the public protector of accusation­s that he twice misled the Free State legislatur­e. /

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