Clarity sought on Media Corner/SIU disciplinary hearings

Date: 23 February 2015

I have written to the Minister of Telecommunications and Postal Services, Dr Siyabonga Cwele, requesting clarity on the departmental disciplinary hearings into the controversial R756 million Media Corner deal and whether they are irregular (see below).

This comes after disciplinary enquiries into the actions of 15 staff involved in the bid evaluation and adjudication of the controversial deal with the former Department of Communications (DoC) were initiated. This was done despite the Special Investigating Unit (SIU) report being incomplete and without these staff members having access to the report.

The Directors-General and staff involved in the awarding of the tender now serve in the new Department of Telecommunications and Postal Services.

In February 2014, President Jacob Zuma authorised the SIU to probe the Media Corner deal after a former DoC official, in his application for indemnity from disciplinary action, lodged documents in the Johannesburg Labour Court exposing alleged irregular payments to the company.

Both the Director-General of the department, Ms Rosey Sekese, and a deputy Director-General, Mr Sam Vilakazi, were implicated in these papers as having played pivotal roles in the deal to pay R983 335 a month over three years to Media Corner without adequate funding available. There was little billable evidence to support most of the money paid out.

It is not known whether Ms Sekese and Mr Vialkazi are included in the disciplinary hearings being conducted on behalf of their department by advocates Mr Zandile Matebese and Mr Omphemetse Mooki.

On 19 November last year, Ms Sekese wrote to the 15 employees informing them the department had received "the outcome of the investigation, pending further verifications into other matters relating to the tender by the SIU. The outcome of the SIU investigation has implicated you on serious misconduct related to improper/or unlawful conduct in respect of the awarding of the above mentioned tender."

The letter threatened "precautionary suspension with full benefits" to prevent these employees jeopardising the internal investigation, but none was suspended.

The Media Corner deal was for the public awareness campaign for the pending transition to Digital Terrestrial Television (DTT).

The Minister must provide clarity on this matter to ensure that those responsible for approving the deal are also held to account, that no public funds were misappropriated or ineffectually used and to uphold good governance of government contracts.

Text of the letter:

17 February 2015

The Minister: Department of Communications The Honourable Siyabonga Cwele

Pretoria

Dear Minister Cwele,

I have been reliably informed that the Director General of the Department of Telecommunications and Postal Services Ms Rosey Sekese has started disciplinary proceedings against 15 employees of the department for their role in the Media Corner tender process.

I believe this action on the DG's part is irregular as the Special investigations Unit (SIU) investigation into the Media Corner contract has not yet been finalized and presented to the President.

The 15 have been under the threat of suspension since November and are being subjected to disciplinary hearings conducted by advocates Omphemetse Mooki and Zandele Matebese who are using the SIU report as supporting evidence.

In Ms Sekese's letter, dated November 9 2014, to the identified employees she says the department has "received the outcome of the investigation, pending further verifications into other matters relating to the tender by the SIU. The outcome of the SIU investigation has implicated you on serious misconduct related to improper or unlawful conduct in respect of awarding the above-mentioned tender."

I am sure you are aware that Ms Sekese's role, and those of other senior staff in the department, was not above reproach.

Please could you advise me whether you have agreed to these disciplinary hearings and whether the Presidency is aware that action is being taken before the report had been concluded by the SIU and presented to him for his decision on what action should be taken against all the people involved in the irregular awarding of the tender.

I look forward to your prompt response. Yours sincerely,

Marian Shinn, MP

Shadow Minister of Telecommunications and Postal Services Democratic Alliance

Statement issued by Marian Shinn MP, DA Shadow Minister of Telecommunications and Postal Services, February 23 2015

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