DA exposes Premier Lesufi for contravening the Executive Members Ethics Act

4 November 2024

The Democratic Alliance (DA) in Gauteng is concerned by an apparent contravention by Premier Panyaza Lesufi of the Executive Members Ethics Act. This stems from evidence suggesting that Lesufi has not adhered to the ethical standards and regulations outlined in the Act meant to ensure integrity and accountability among executive members.

The DA has already written to the Public Protector, Adv. Kholeka Gcaleka, to investigate the Premier’s blatant contravention of the Code of Ethics of the Executive Members’ Ethics Act 1998. This complaint is in accordance with Sections 3 and 4 of the Act. The evidence for this is in the attached affidavit from a court application by Mr Peter Skosana, the former Secretary of the Gauteng Provincial Legislature.

See letter here.

According to the affidavit, Premier Lesufi was part of a meeting, convened on 11 October 2023 by the Chief Whip, Lesego Makhubela, which included the Speaker and other senior members of the Legislature.

Several issues were discussed during the meeting including the 13th cheque matter before the Labour Court and the breakdown of the relationship between GPL Management and NEHAWU, which has led to a toxic work environment.

See affidavit here.

The DA finds it highly irregular and unethical that Premier Lesufi was part of these Legislature meetings, which appear to deal with solving an internal ANC problem with NEHAWU threatening to withhold their support in the election if they did not get their 13th cheque and stop the disciplinary proceedings against 34 staff members implicated in fraudulent Subsistence and Travel (S&T) claims.

This case illustrates Premier Lesufi's disregard and lack of grasp of the separation of powers between the executive, legislative, and judicial branches of government. As an Executive Member, the Premier had no authority to participate in a meeting that addressed the internal affairs of the Legislature. Surely, he would have known that such a role was reserved for the Speaker of the Legislature at the time, Ntombi Mekgwe. But never one to miss an opportunity to abuse his powers, Lesufi was present and likely swayed the discussions.

For far too long, we have flagged the Premier’s delinquent attitude and his attempts to shield politicians and those of interest to him from accountability. When he is not violating the Executive Members’ Ethics Code, the Premier is doing all he can to conceal his role in corruption by hiding forensic investigation reports undertaken by the Gauteng Provincial Government (GPG) since 2016. This misuse of power is unjust, and corruption, no matter how disguised, continues to impede the provincial government in providing quality services to our residents.

It is unacceptable that we had to refer this matter to the Public Protector and submit a PAIA application to obtain the forensic reports that should have been made public. A responsible Premier would not need to be reminded of the powers and limitations outlined by the legislation governing their role. Furthermore, a responsible Premier would understand the importance of being transparent and honest with the people of Gauteng.

A DA government will not allow any disregard for the codes that guide its Members of the Executive. We will also not permit undue interference in the internal matters of the legislature, as we adhere to the Code of Ethics, specifically sections 2.1 (c) and (d) of the General Standards, which include:

(c) act in good faith and in the best interest of good governance; and

(d) act in all respects in a manner that is consistent with the integrity of their office or the government.

The Public Protector is required to present a report on this matter to President Cyril Ramaphosa within 30 days.

The DA awaits the outcome of the PP's investigation and will ensure the Premier is held accountable.

Issued by Solly Msimanga, DA Gauteng Leader of the Official Opposition, 4 November 2024