Magashule cleared of ethics violation – Mkhwebane reveals

Public Protector Busisiwe Mkhwebane has cleared former Free State Premier Ace Magashule of allegations that he misled the provincial legislature.

Mkhwebane’s office released 14 reports on Wednesday.

She said her office investigated whether Magashule twice misled the provincial legislature in his written responses to questions from members of the legislature.

According to Mkhwebane, the complaint, laid by the DA’s Roy Jankielsohn related to the involvement of the Office of the Premier in the funeral arrangements of the Health MEC Fundiswa Ngubentombi.

The second related to the forensic report in connection with the appointment of Letlaka Communications by the Office of the Premier.

Jankielsohn said in his reply to the question paper of 20 November 2013 regarding the funeral costs of Ngubentombi, that Magashule asserted that the extent of involvement of his office was merely to inform relevant ministries, departments and persons of the details of the official funeral.

“Hon. Jankielsohn argued that, in a letter from the former Director-General in the Office of the Premier to the Municipal Manager of the Fezile Gabi District Municipality, the extent of involvement included instructing, inter alia, the municipality to undertake costs which would be refunded by the provincial government, specifically the Department of Public Works and Infrastructure.

“Accordingly, the complainant contended that the former premier blatantly misled the legislature in his reply concerning the involvement of his office in the funeral arrangements as well as the commitment by his office to ensure that the provincial government refunds the municipality.”

Jankielsohn also said during a sitting of the legislature on 21 May 2015, that Magashule denied any knowledge of a National Treasury report regarding the appointment of Letlaka Communications by his office.

He also said in two replies from former ministers of finance on 15 November 2013 and 14 August 2015, respectively, that Magashule was made aware of the report and refused to act on the recommendations by the ministers to take criminal action against implicated individuals.

Magashule was also alleged to have denied knowledge of the report and recommendations of the ministers in a reply dated 30 September 2015.

However, Mkhwebane found that Magashule did not “blatantly mislead the legislature in his reply concerning the involvement of his office in the funeral arrangements as well as the commitment by his office to ensure that the provincial government refunds the municipality”.

She said the allegation was unsubstantiated.

She, however, found that Sam Mashinini, in his capacity as Public Works and Infrastructure MEC, misled the legislature in response to the questions posed by Jankielsohn relating to the funeral arrangements of the late Health MEC.

“Lastly, I found that Mr. Magashule did not mislead the provincial legislature by denying any knowledge of the report by JGL Forensic Services as well as the recommendation of the ministers of finance.”

She said it was established that Magashule acknowledged rather than denied having access to the National Treasury report and therefore could not be found to have misled the legislature.

“It was established that the former premier conceded to denying having knowledge of the recommendations to lay criminal charges against officials implicated in the National Treasury report by the former ministers of finance during a sitting of the legislature.

“When the aforesaid recommendations were communicated in the legislature, the former premier did not have access to the report until the following year.

“Upon receipt of the report, the former premier communicated his discontent with the investigation process as well as the JGL Forensic Services which conducted the investigation,” Mkhwebane said.

She said following National Treasury’s failure to consider and examine areas of dissatisfaction, Magashule escalated his “discontent” to Nhlanhla Nene, the former finance minister, advising him that due to unresolved issues and other shortcomings in the report, he was unable to lay criminal charges against officials.

“Accordingly, it could not be established that the former premier deliberately or inadvertently misled the president, or the premier or, as the case may be, the legislature, nor could it be established that he acted in a way that was inconsistent with his position.

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