Following extensive coverage about their ongoing battle at the weekend, former Johannesburg mayor Herman Mashaba has officially opened a criminal case over the leak of the public protector’s draft report following her investigation into Mashaba and his administration during his time as mayor.
“Opening a criminal case over the leak of the public protector’s draft report, with the former chief of police, David Tembe. We know this was a coordinated leak to six media houses on the same day of the launch of #TheAccidentalMayor,” tweeted Mashaba along with a picture of him filling out paperwork.
“The leak is a criminal offence in terms of Section 11 of the Public Protector Act, punishable by a fine of R40,000 or 12 months imprisonment. The draft report is exactly that, a DRAFT. Our legal team is of the opinion that the draft contains serious errors in both law and fact,” he added.
According to Sunday World, Mkhwebane had made adverse findings against Mashaba and his administration following her investigation into allegations of maladministration and irregular appointments at the city. The charges were lodged back in 2018.
“Sunday World can reveal Mkhwebane has found former mayor Mashaba improperly influenced the MMC for health and social development to allocate R3.5 million in funding to the Field Band Foundation (FBF), a youth organisation he once led as a director,” read part of the report.
The report went on to lay bare a series of allegations which Mkhwebane allegedly found Mashaba guilty of, referencing a preliminary report sent for comment to those implicated in the allegations.
Among those implicated are former police chief David Tembe and his wife’s business partner Akhter Alli Deshmukh.
The same allegations were also covered by Sunday Sun and City Press along with comment from Mashaba, who stated that he did not agree with the findings of the report.
He stated that he was of the opinion that there “are material errors of both law and fact” contained in the report.
According to the publication, Mashaba also blamed the ANC for the leak of the report and further alleged that this was done to upstage the launch of his upcoming book The Accidental Mayor.
Speaking to both Sunday World and Sunday Sun respectively, City of Johannesburg mayor Geoff Makhubo and ANC Joburg regional secretary Dada Modero both welcomed Mkhwebane’s report and praised Mkhwebane’s work.