DA LAYS CHARGE AGAINST FORMER GAUTENG TRANSPORT HEAD
This morning I laid a criminal charge against Ms Benedicta Monama, the former head of the Gauteng Roads and Transport Department (see statement below).
I have done this after Gauteng Premier Nomvula Mokonyane pointedly refused to lay charges even though Ms Monama was suspended for a disciplinary charge before her contract ran out at the end of July last year.
Ms Monama got off scot free from sanction even though she had reportedly signed an illegal R3 billion contract with Westpoint Trading 123 to operate driver licence testing centres.
According to reports, she was warned by the provincial Treasury as well as Finance MEC Mandla Nkomfe and Roads and Transport MEC Ismail Vadi not to sign the contract.
I have laid the charge against Monama in terms of section 86 of the Public Finance Management Act, which specifies that it is a criminal offense for which you can get five years jail for wilful or gross negligence in contravening a provision of the PFMA.
It is hugely disappointing that the provincial government does not lay similar charges against all officials involved in suspect practices.
There needs to be accountability in this matter. Top officials must fear that gross financial mismanagement can lead to jail, otherwise we will never curb corruption and inefficiency that harms the people of this province.
STATEMENT
I, the undersigned,
Jack Brian Bloom
do hereby make oath and state the following:-
1) I am an adult male of full legal capacity with identity number 610102 5048 083. I am an elected member of the Gauteng Provincial Legislature for the Democratic Alliance (DA) and caucus leader in the Legislature, telephone 011 498 5979, 082 333 4222.
2) The facts herein contained are, as save where otherwise stated or as appears from the context, within my own personal knowledge and belief, true and correct.
3) I am well aware that the content of this statement is not to set the solitary basis for the purposes of prosecution nor does this statement contain irrefutable evidence of fact for the purposes of prosecution, but is designed to assist law enforcement agencies to investigate information that has now become public knowledge.
4) According to media reports, most notably in the Star newspaper on 22 June 2011 and 1 July 2011 (articles attached for easy reference), Ms Benedicta Monama, the Head of the Gauteng Roads and Transport Department, signed a R3 billion contract despite repeated warnings by the provincial Treasury that the deal was illegal.
5) Furthermore, according to these reports, Gauteng Finance MEC Mandla Nkomfe and Gauteng Roads and Transport MEC Ismail Vadi both indicated that Ms Mobnama should not sign this contract as it was unlawful, and Vadi also said she did not have the required authority to conclude this agreement.
6) The contract in question was with Westpoint Trading Enterprise 123 for the establishment of drivers licence testing centres around the province.
7) Ms Monama was placed on suspension as a result of signing this deal, and left the department at the end of her contract with the department in July 2011.
8) According to further reports (see attached article from the Star of 7 November 2012), the Westpoint contract was later scrapped as the Department said that it was "effectively illegal".
9) In relation to all of the above it should be established whether in terms of Section 83 of the Public Finance Management Act (PFMA) any act of financial misconduct has been committed, specifically by Ms Monama as the accounting officer and Head of Department.
10) In relation to all of the above it should be established whether Ms Monama and any other person contravened Section 86 of the PFMA which makes it a criminal offence if an official "makes or permits an irregular expenditure or a fruitless and wasteful expenditure".
11) In relation to all of the above, whether any other person can be held accountable both criminally and financially.
12) I know and understand the contents of this statement and have no objection to taking the prescribed oath, which I consider to be binding on my conscience.
________________________
DEPONENT
THUS SIGNED AND SWORN BEFORE ME AT ___________________ ON THIS __________DAY OF _____________________ 2012, THE DEPONENT HAVING ACKNOWLEDGED THAT HE KNOWS AND UNDERSTANDS THE CONTENTS OF THIS AFFIDAVIT, THAT HE HAS NO OBJECTION TO TAKING THE PRESCRIBED OATH AND THAT HE CONSIDERS THE OATH TO BE BINDING ON HIS CONSCIENCE.
COMMISSIONER OF OATHS/ JUSTICE OF THE PEACE
FULL NAMES AND SURNAME
RANK
ADDRESS
Statement issued by Jack Bloom MPL, DA Gauteng leader, February 15 2012
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