Public Protector Draft Report Leaked
6 June 2020
A few weeks ago, I received a section 7(9) notice from the Public Protector, Adv Busisiwe Mkhwebane, and a draft investigative report which articulated draft findings against me during my time as Mayor of Johannesburg. In terms of the Public Protector Act, I must be given a chance to respond to the draft report, before it is finalised. I have not yet provided my response to the draft report.
Yesterday I received queries from no fewer than 5 media houses, claiming to be in possession of the draft report by the Public Protector. This in spite of the fact that I have not yet furnished the Public Protector with my formal response to the draft report, as required by law. My legal team, which includes Senior Counsel, is currently preparing my official response to the draft report. It is clear to me that the draft report has been leaked.
At the outset I wish to put it on record that I disagree with the findings of the draft report and I am of the opinion there are material errors of both law and fact. I have instructed my legal team of these errors which will be fully ventilated in my response to the Public Protector. My legal team share my concerns. It is equally important to state that I do not know who leaked the draft report, however, I trust that the relevant authorities will endeavour the find out who did so.
The leaking of the draft report is a criminal offence in terms of section 11 of the Public Protector Act, and is clearly a malicious and deliberate effort to distract from the launch of The Accidental Mayor – a tell-all, behind the scenes account of my mayoralty in the City of Johannesburg.