THE Public Protector has singled out national police commissioner General Bheki Cele as being guilty of improper conduct and maladministration regarding the controversial R500 million lease agreement with Roux Shabangu's Roux Property Fund for the Sanlam Middestad Building in Pretoria
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Public Protector Advocate Thuli Madonsela told a press briefing in Pretoria yesterday that though Cele did not sign the lease agreement, his involvement in the procurement process was improper, unlawful and amounted to maladministration.
However, the Public Protector could not find any evidence of improper relationship between Shabangu and Cele.
Madonsela said the SAPS failed to implement proper controls as required by the Public Finance Management Act and relevant procurement guidelines, which amounted to improper conduct and maladministration.
She recommended that Minister of Police Nathi Mthethwa take steps to ensure that appropriate action is instituted against SAPS officials that acted unlawful in the procurement process.
"The National Treasury should urgently review the purported lease agreement between the Department of Public Works and Roux Property Fund in order to determine if the contract can be terminated," she said.
The report stated that Cele challenged the legality of the Public Protector's investigative process and the participation of the Special Investigation Unit when he responded to the findings of the report.
"The national commissioner claimed that he was materially prejudiced in preparing the response as he was not provided with a copy of the complaint ... access to the documents, witness statements and any other evidence relied upon for the findings and conclusions made in the draft report," the report stated.
According to the report, the national commissioner also expected to be provided with the identity of "the people making accusations against me and/or the SAPS".
Regarding the Department of Public Works' involvement in the saga, Madonsela said shortly after her appointment as minister of public works in October last year, Gwen Mahlangu-Nkabinde was advised that the lease agreement was unlawful - but her department went on to advise Nedbank, Roux's financier, that the deal was still in force.
The Public Protector investigated the lease agreement following a complaint from Freedom Front Plus' Pieter Groenewald and Paul Hoffman of the Institute for Accountability in South Africa.
