AfriForum concerned that PP might have been intimidated re SAPS contracts

Today AfriForum, after the publication of the second report of the Public Protector (PP), Adv Thuli Madonsela, on the handling of two contentious lease agreements by the South African Police Service and the Department of Public Work (DPW), expressed concerns that the PP might have been influenced by intimidation tactics and that the second report therefore is rather vague.

In this second report the PP finds that the actions of officials of the SAPS and DPW had been unlawful and amount to maladministration, but she mentions that she has been unable to find any proof of criminal actions or fraud in her investigation.  She inter alia said that she could not "make findings on the basis of a hunch" and that it would be "unfair to conclude in the absence of evidence".

According to Alana Bailey, Deputy CEO of AfriForum, AfriForum is concerned that the vague nature of the PP's findings in the second report might be ascribed to the influence of an alleged campaign of intimidation against her and her staff, including rumours about her possible arrest last week and an unlawful raid conducted on her office in March 2011.  This follows after her first report on this matter had been published in February 2011, raising serious questions about the Commissioner of Police's involvement in the signing of the lease agreements.

In the second report, the PP amongst other findings concludes that the building in KZN would have been leased at about R125 per square meter and would have had to be upgraded at huge cost to the state to be habitable, while the market related cost of such a property would have been R40 per square meter.  The building also seems to be much larger than required, which would have resulted in a further misuse of millions of rand. 

The PP recommends that the President should take action within 60 days against the Minister of Public Works and her involved staff, and that the Minister of Police should also take steps against his implicated officials.  She however made no suggestions as to what these steps should involve.  She did add that if no steps were to ensue and someone were to take the matter to court, she would be prepared to support such court action.

According to Bailey, AfriForum welcomes the PP's findings of unlawful conduct and maladministration against the Minister of Public Works and officials of the SAPS and DPW.  However, AfriForum strongly feels that the misappropriation of millions of tax-payers' rands, under (to quote the PP) "strange" circumstances, can no longer be swept under the carpet because of a so-called lack of proof.  In this case AfriForum will definitely consider legal action if the President and Ministers do not take disciplinary steps against the implicated people.  In addition AfriForum will study both reports in detail and launch an own investigation where possible.

Last week AfriForum had asked the UN's Special Rapporteur for Human Rights Protectors to ensure that the South African government guarantees that the PP will not be subjected to intimidation and the Special Rapporteur will be kept informed about all developments.

Statement issued by Alana Bailey, AfriForum deputy CEO, July 14 2011

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