Madonsela releases report findings

Wednesday, September 28, 2011

Pretoria - There was no evidence that Police Minister Nathi Mthethwa influenced accommodation arrangements so that he could stay at two luxury five-star hotels, the Public Protector has found.

On Wednesday, Advocate Thuli Madonsela released her report into allegations that Mthethwa had contravened provisions on the Executive Members Ethics Act by spending more than R700 000 on hotel stays in Cape Town and Durban.

Madonsela found that the minister left the accommodation arrangements and the choice of hotels to his staff and he was entitled to do so.

In addition, Mthethwa was entitled to accommodation at state expense in Cape Town during May and July 2009, when he had to leave his home that was being repaired, she said.

"No evidence was forthcoming indicating that the minister influenced accommodation arrangements in a way to have him and/or his staff put up in the Table Bay or the Hilton.

"When the minister became aware of the irregularities, he instituted an investigation and once completed, the minister instructed that recommendations of the report be implemented," Madonsela added.

She did note, however, that the R734 448 spent on accommodation for the minister and his entourage was unreasonably high.

Madonsela suggested remedial action be taken, which included standards being set for ministers' domestic accommodation and consideration being given to publishing annual or biennial tariffs for ministers, similar to subsistence and travel guides optimal accommodation.

Turning to her investigation into allegations against Gauteng Premier Nomvula Mokonyane awarding a R30 million contract without putting it out to tender, Madonsela found that Mokonyane was not guilty of any unethical behaviour. 

The complaint against the premier related to her alleged role in awarding a tender to beautify the Albertina Sisulu Highway.

Madonsela said the premier's office received the proposal by Utho Ngathi, which was addressed to the premier, and forwarded it to the Department of Roads and Transport.

"No tangible evidence was found that indicates the role of the premier and her office went beyond the receipt and referral of the proposal to the Department of Roads and Transport, and therefore influenced the adjudication or award of the contracts or tender," she added.

With regard to complaints against Jimmy Manyi, former Director-General in the Department of Labour (DoL) and current CEO of Government Communication and Information System (GCIS), Madonsela said it was alleged that there was a conflict of interest between Manyi's public duties and private duties as president of the Black Management Forum (BMF).

When it came to Manyi's previous position, Madonsela said: "Mr Manyi had a conflict of interest between his personal interests in the BMF and his duty towards the DoL and that as a senior public official; he failed to comply with the Public Service Code of Counduct and the Rules of the Public Service Commission..."

She also found that former Labour Minister Membathisi Mdladlana "failed to the comply with the relevant provisions of the Code of Conduct and Rules that required him to manage effectively the said conflict of interest as the relevant Executive Authority of the DoL."

Commenting on Manyi's current position as CEO of GCIS and Cabinet spokesperson, Madonsela said: "...there is a perceived conflict of interest that exists between these positions and his position at the BMF, which may lead to an actual conflict of interest if not properly and effectively managed by the relevant Executive Authorities..."

She recommended that the Minister in the Presidency take urgent steps to establish from the declarations made in terms of the relevant legislative and policy framework, the existence of a conflict of interest and declaration thereof.

Steps should also be taken to ensure that "the conflict of interest is properly and effectively managed" in accordance with the relevant and applicable policy framework and GCIS' internal conflict of interest policy.

In this regard, she said, it had to be determined if implementing certain measures would be appropriate to "address the conflict of interest."

These measures included "Mr Manyi being required to divest himself of private interest; Mr Manyi being excluded from participation in identified decision making processes; a permanent change to some or all of Mr Manyi's official responsibilities," said Madonsela. - BuaNews