Mkhwebane clears Majodina over nepotism allegations, PPE tender awarded to her son

Public Protector Busisiwe Mkhwebane has exonerated ANC Chief Whip Pemmy Majodina from allegations of wrongdoing, after the ANC’s parliamentary constituency office awarded a personal protective equipment (PPE) tender worth more than R50, 000 to her son’s company.

The Office of the Public Protector investigated the claims after a complaint lodged by ANC MP Mervin Dirks in April last year.

Dirks alleged that the PPE tender for the supply of thermometers awarded to Majodina’s son, Thandolwethu Mkhonto Wesizwe Majodina, in January last year was improper and amounted to maladministration. The contract was valued at R52, 500.

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He further alleged that Majodina committed gross nepotism by allegedly creating a post as a graphic designer for her son in her office.

Dirks also claimed the ANC chief whip abused constituency funds allocated by Parliament on car rentals, despite receiving monthly car allowances.

Report findings

On Tuesday Mkhwebane released her investigation report into the allegations levelled against Majodina.

She found that the PPE tender to supply thermometers to the ANC’s constituency offices was indeed awarded to Majodina’s son.

However, because the funds were allocated by Parliament to the ANC as political party allowances, the Office of the Public Protector was not empowered to investigate the matter.

“Our conclusion was that the affairs of the ANC do not fall within the scope of matters to be investigated by this office as contemplated under section 17 182(1) of the Constitution.

“It follows therefore that we make no findings against Ms Majodina in the three issues,” Mkhwebane said.

Nepotism and car rentals

Regarding the allegations relating to the post of the graphic designer and car rentals, Mkhwebane found the claims against Majodina were also not substantiated.

But she said Parliament failed to put adequate regulatory measures in place to ensure transparency, accountability, and sound management and expenditure of its finances.

“The speaker of the National Assembly conceded during the course of this investigation that the Executive Authority of Parliament has not yet issued regulations contemplated in terms of section 34 of the Financial Management of Parliament and Provincial Legislatures Act (FMPPLA).

“The speaker submitted that Parliament is still in a process of adopting the draft regulations which are yet to be presented to the Joint Standing Committee on the Financial Management of Parliament.

“The FMPPLA is a national legislation which came into force in 2009. It is now 13 years later and Parliament has not yet passed the regulations as contemplated by the FMPPLA.”

In her remedial actions, Mkhwebane recommended that National Assembly Speaker Nosiviwe Mapisa-Nqakula and the chairperson of the National Council of Provinces (NCOP), Amos Masondo, should – within 190 working days – take appropriate steps to ensure the regulations of the FMPPLA are implemented accordingly.

“The Secretary of Parliament, as the Accounting Officer, must periodically ensure the review of the regulations as contemplated in terms of section 65(3)(b) of FMPPLA.”

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