Joemat-Pettersson ‘should face disciplinary action’

THE reckless use of state resources by Agriculture, Forestry and Fisheries Minister Tina Joemat-Pettersson led to wasteful expenditure and she should face disciplinary action.

That’s according to public protector Thuli Madonsela in a report released this week after investigating the awarding of an R800-million tender to patrol and police South Africa’s oceans.

Joemat-Pettersson also acted improperly when she tried to stop the public protector’s probe into the contract awarded — then withdrawn from — the Sekunjalo Marine Services consortium.

Madonsela’s final report, titled “Docked Vessels”, looked into a controversial contract for the management of South Africa’s ocean-going fisheries patrol and research fleet — responsible for policing the fishing industry and conducting stock surveys.

The investigation also examined the circumstances surrounding the subsequent demise of the fleet, which stood idle after the contract was revoked by the Department of Agriculture, Forestry and Fisheries because of alleged irregularities.

Madonsela, who presented her report in Pretoria on Thursday, criticised Joemat-Pettersson for asking Justice and Constitutional Development Minister Jeff Radebe to intervene in the investigation, an action that Madonsela considered to be in breach of the constitution.

The final report followed a provisional report circulated earlier this year to several roleplayers central to the investigation. They were invited to submit a written response.

Last week, the Sunday Times reported on key aspects of the provisional report, which raised concerns about maladministration, misconduct and alleged collusive behaviour between various companies bidding for the fleet management tender. The final report echoed the con-

❛ Reckless dealing with state money [led to] fruitless expenditure

cerns, but deferred a final decision on collusive tendering to the Competition Commission.

In its submission to the public protector, the law firm representing the Sekunjalo Marine Services Consortium said there could be no finding of collusive behaviour between four Sekunjalo-linked entities because their common ownership structure had been fully disclosed. Madonsela concurred. “Evidence provided to me confirms that the relationship has been disclosed prior to the bid evaluation and award of the tender,” her report said.

But Sekunjalo’s stake in a large fishing company constituted a conflict of interest with the core function of the patrol tender, and the contract therefore constituted government maladministration, it said.

The report called for disciplinary action against JoematPettersson and a senior official in her department.

It urged President Jacob Zuma “to consider taking disciplinary action against the minister for her reckless dealing with state money and services resulting in fruitless and wasteful expenditure, loss of confidence in the fishing industry in South Africa, and the alleged decimation of fisheries resources in South Africa and delayed quota allocations due to a lack of appropriate research.”

Joemat-Pettersson responded: “[Madonsela’s] findings are incorrect and the recommendations inappropriate. I shall be taking legal action . . . I have already briefed my legal team.”