Premier
(1) (a) What (i) is the number and (ii) are the details of the Public Protector’s investigations that have been conducted against the (aa) Western Cape Government, (bb) members of the Executive and (cc) Western Cape municipalities in the (aaa) fifth and (bbb) sixth administrations, (b) what were the detailed (i) findings and (ii) recommendations and (c) can copies of each report be made available;
(2) with regard to the investigations mentioned in (1) above, what is the number of recommendations that were (a) adhered to and fully implemented, (b) not implemented, and reasons thereof, and (c)(i) taken on review and (ii) what were the outcomes of such reviews?
[1][a] Queries related to investigations conducted by the Office of the Public Protector should be referred to that Office, which would maintain the most accurate information with regard to findings, remedial action identified, whether it was implemented or taken on review, and copies of the reports.
I am, however, in a position to provide information regarding Members of the Executive for the current administration [May 2019-] and for my own Department only insofar as provincial departments are concerned. It must be noted that the below matters have also been raised transparently in the Provincial Parliament, where Ms Lekker MPL is also a member, and have been reported openly in the media.
[i] Department of the Premier: None
[ii] Members of the Executive: four cases
[iii] Western Cape Municipalities: The Premier does not keep record of Public Protector investigations in municipalities.
[aa] Dealt with above.
[bb] Dealt with above.
[b][i] and [ii]
Report 66 of 2021/22: Report on an investigation into a complaint of a breach of the Executive Ethics Code by the Premier of the Western Cape
Complaint: The former Executive Mayor of Oudtshoorn Municipality, Mr C Sylvester, alerted the Western Cape MEC for Local Government, Environmental Affairs and Development Planning, Mr A Bredell, to several allegations of maladministration, fraud and corruption and financial misconduct on the part of the Municipality.
Remedial action: a) In terms of section 3[5][2][b] of the Executive Members Ethics Act, the President to submit a copy of this report and any comments thereon to the National Council of Provinces within a reasonable time, but not later than 14 days after receiving the report.
Current status: As reported, the Premier is of the opinion that the findings made in this report are wrong in law and irrational, and has taken the report on judicial review. The matter is currently awaiting a hearing date in the Western Cape High Court. Supplementary papers have been filed and the matter is ready to proceed.
Report 67 of 2021/22: Report on an investigation into allegations of breach of the Executive Ethics Code by the member of the Executive Council responsible for Local Government, Environmental Affairs and Development planning of the Western Cape Provincial Government, Mr A Bredell
Complaint: The main complaint relates to the former Executive Mayor of the Oudtshoorn Local Municipality, Mr C Sylvester, alerting the MEC to several allegations of maladministration, fraud, corruption and financial misconduct on the part of the Municipality, and requesting his assistance to attend to these matters
Remedial Action: The Premier of the Western Cape to: a] In terms of section 3[6] of the Executive Members Ethics Act within a reasonable time, but not later than 14 days after receiving the report, submit a copy of this report and any comments thereon, together with a report on any action taken or to be taken in regard thereto, to the Western Cape Provincial Legislature.
Current Status: The MEC has similarly taken the report on judicial review and the matter is currently awaiting a hearing date in the Western Cape High Court. Supplementary papers have been filed and the matter is ready to proceed.
Report 23 of 2020/21: Report on an investigation into allegations of a breach of the executive ethics code by the member of the Executive Council responsible for Local Government, Environmental Affairs and Development Planning of the Western Cape Provincial Government, Mr A Bredell
Complaint: The main complaint relates to allegations that the member of the Executive Council responsible for Local Government, Environmental Affairs and Development Planning violated the code of ethics due to his alleged interference in the appointment of a senior director at the George Municipality.
Remedial Action: The Premier of the Western Cape to: a) In terms of section 3[6] of the Executive Members Ethics Act within a reasonable time, but not later than 14 days after receiving the report, submit a copy of this report and any comments thereon, together with a report on any action taken or to be taken in regard thereto, to the Western Cape Provincial Legislature.
Current Status: The member of the Executive Council responsible for Local Government, Environmental Affairs and Development Planning was formally reprimanded by the Premier. A copy of the written reprimand accompanied the report to the Provincial Legislature and the matter is considered finalised.
Report 49 of 2021/22: Report on an investigation into allegations of a breach of the Executive Ethics Code by the Member of the Executive Council for Transport and Public Works of the Western Cape Provincial Government, Mr B Madikizela
Complaint : The complainant alleged that during the course of his speech made in the debate in the Western Cape Provincial Legislature on the Premier’s State of the Province Address [SOPA] on 23 July 2019, the MEC made a false and misleading statement about Mr B Herron (the complainant).
Remedial Action: The Premier of the Western Cape to: a) In terms of section 3[6] of the Executive Members Ethics Act within a reasonable time, but not later than 14 days after receiving this report, submit a copy thereof and any comments thereon, together with a report on any action taken or to be taken in regard thereto, to the Western Cape Provincial Legislature
Current Status: The implementation of the remedial action has been overtaken by subsequent events. As per the Premier’s correspondence to the Public Protector dated 06 May 2021, Minister Madikizela was initially intending to take the report on judicial review, but subsequent to that he tendered a resignation letter, which was accepted.
[c] As indicated above, copies of Reports of the Public Protector should be obtained from the Public Protector. Section 182[5] of the Constitution requires that “Any report issued by the Public Protector must be open to the public unless exceptional circumstances, to be determined in terms of national legislation, require that a report be kept confidential.”
[2] Dealt with above.
