Zuma responds to Madonsela

President Jacob Zuma has written to the Speaker of the National Assembly, Max Sisulu, spelling out what he has done in the wake of the Public Protector’s reports on two dodgy police headquarters leases – but the letter does not state whether he intends taking action against the senior government officials implicated. As the head of the executive, the buck stops with Zuma – and the Public Protector, advocate Thuli Madonsela, has said he must act. In a letter to Sisulu dated August 4, Zuma wrote at length about the action he had taken since the bombshell reports dropped. “Upon receipt of the Public Protector’s reports, I wrote to both the ministers of Police and Public Works drawing their attention to specific findings and recommendations, and requested them to take appropriate measures to implement the Public Protector’s recommendations and to report to me on the progress made in this regard,” said Zuma. He said the ministers had reported back.

Police Minister Nathi Mthethwa said he had instructed the SAPS to first conduct a needs assessment before a request for accommodation was sent to the Department of Public Works, in line with Madonsela’s recommendation on the SAPS family, violence and child protection and sexual offences units, said Zuma. On Madonsela’s recommendation that Public Works Minister Gwen Mahlangu-Nkabinde consult with the National Treasury over taking steps against department officials who acted in contravention of the Public Finance Management Act and supply chain management rules, the minister had indicated that the consultation was under way, he wrote. Zuma said: “I have instructed the ministers to furnish me with their action plans.” Madonsela found that Mahlangu-Nkabinde’s conduct was unlawful, improper and amounted to maladministration. She called on Zuma “to do the right thing” and requested he consider taking action against the minister.

She also recommended that Mahlangu-Nkabinde explain herself to the cabinet. Zuma’s spokesman, Mac Maharaj, said Mahlangu- Nkabinde had yet to address the cabinet on the matter. Zuma wrote in the letter to Sisulu that Mahlangu-Nka-binde had instituted a moratorium on the procurement of goods and services by the department. The six-month moratorium, aimed – among other things – at strengthening the capacity of her department’s legal services unit to enable it to deal with large-scale transactions and included a review of all contracts. Zuma said Mthethwa had received a letter from national police commissioner General Bheki Cele – whom Madonsela found also to have acted unlawfully and improperly and that his actions amounted to maladministration. The letter was Cele’s formal response to the allegations made about his role in the lease agreements process.

“The national commissioner has responded and the Minister of Police will undertake further work with the ministers of the Treasury (Pravin Gordhan) and Public Service and Administration (Richard Baloyi),” Zuma said in the letter. The letter also said that in response to Madonsela’s recommendation that action be taken against SAPS members who had violated proper procedures, Mthethwa had asked the head of the police secretariat to review her final report and inform him whether any other officials should face possible action, and to seek legal opinion in this regard. “After considering the reports from the two ministers, I have further requested that they provide me with information on matters which I thought were not adequately addressed in their reports without delay. “This additional information will enable me to take appropriate action.” His letter did not spell out what action he intended to take in response to Madonsela’s recommendation that he consider taking action against Mahlangu-Nkabinde. The letter said Zuma would table a comprehensive report with Sisulu soon.