Premier

1. I considered the content of the report in detail, along with the Minister’s extensive comments in relation to the complaint, as are contained in the various correspondences to the Public Protector on the merits of the complaint by Member Dugmore during the course of her investigation. I thereafter applied my mind to the issue accordingly, and informed the Minister of my decision in that regard in person and as documented in my written address as well, which was tabled in the Western Cape Provincial Parliament as per the remedial action required of me by the Public Protector in her report.

I must be clear that the Public Protector did not find that the action in question resulted in any personal benefit to Minister Bredell, nor was there any aspect of financial or criminal impropriety on the part of Minister Bredell. His actions were driven by a determination only to carry out his role and function only as the provincial chairperson of the Democratic Alliance at the time and I accordingly determined a reprimand as an appropriate sanction. It is also important to note that the Public Protector’s interpretation of the ambit of the Code of Conduct for executive members, as provided by her office in previous correspondence in this matter has a material impact on the functioning not only of this provincial executive but on all members of all executives in South Africa, including the President. Given the role that all politicians holding public office play in our constitutional democracy, the Public Protector’s views in this regard will be the subject of further consideration, legal advice and debate by the Western Cape executive in due course.

2. There are no implications or impacts of this particular finding or sanction on the future functioning of the Western Cape Government. The complaint, and the finding of the Public Protector were directed at Minister Bredell alone and not his department nor officials. In acting as I did, I have ensured that my cabinet member was held to the Code of Ethics - as determined by the Public Protector in this matter, which determination has not to date been challenged. In this way the image of the Western Cape Government as one that is accountable, lawful and transparent has been reinforced.

3. Minister Bredell is no longer the Provincial Chairperson of the Democratic Alliance and the risk of any reoccurrence of the facts that gave rise to this finding by the Public Protector has hence been mitigated. In so far as further mitigation strategies may need to be considered to ensure that members of all executives do not unwittingly transgress the said Code, as applied by the Public Protector, in the day to day performance of their respective political leadership roles (irrespective of party political affiliation), I refer to what I have said above in this respect as it pertains to further consideration of the issue by the Western Cape executive in due course.