Public Protector clears the Gauteng Premier from claims of tender rigging

Public Protector, Thuli Madonsela, has released a report titled “Improper Influence Unproven”, in which she clears the name of Gauteng Premier, Nomvula Mokonyane, from wrongdoing.

This after Democratic Alliance (DA) leader in Gauteng, Jack Bloom, had made a submission to the Public Protector alleging that Mokonyane had influenced the awarding of a R30 million contract to beautify the R24 Albertina Sisulu Highway between OR Tambo International Airport and Johannesburg. The complaint was laid in April last year.

After firstly asking Mokonyane to formally answer to questions in the legislature about the contract, Bloom then sought the intervention of the Public Protector who found the Premier had not acted outside of her constitutional mandate in the matter.

“I’m pleased with the Public Protector’s findings after her thorough investigation of the matter. It’s clear that Mr Bloom’s submissions were motivated by nefarious ends; which had nothing to do with the pursuit of clean governance and development.

“What I also find interesting about the Public Protector’s report is that, it appears Mr Bloom used a fraudulent letter as part of his submissions. The letter in question, which was attributed to the then head of department of Roads and Transport, had no signature and Mr Bloom failed to reveal where he obtained it. He also failed to make available his faceless “source” that was to be interviewed by the Public Protector, despite assurances that his “source” would remain anonymous and be treated with the highest degree of confidentiality.

“Today my oath to the citizens of Gauteng has been reaffirmed, that I remain committed to a clean and transparent government whose mission is to serve them. The latest annual reports by the Auditor-General on Gauteng’s finances are a further testimony of the hard work and effort we’ve put in since this administration came into office in 2009,” said Premier Mokonyane.

In his submission, Bloom insisted that the Premier had influenced the awarding of the contract by the provincial Department of Roads and Transport without going to tender.

The department successfully demonstrated that they were within the limits of the law for deviating from normal procedure of awarding the contract without following normal tender procedures. The major reason for deviating, which is provided for in law, was that the road needed to be ready ahead of the 2010 Fifa World Cup. Considering the time constraints at the time, the department would not have managed to deliver the project on time had it opted to go through normal the tender processes!

The Public Protector’s findings spell-out that: “No tangible evidence was found that indicates that the role of the Premier and her office went beyond the receipt and referral of the proposal to the Department of Roads and Transport, and therefore influenced the adjudication or award of the contract or tender.

“The Premier did not act in breach of the provisions and is consequently not guilty of any unethical behavior.”

Enquiries:
Xoli Mngambi
Cell: 082 373 1146

Province

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