The Pansy Tlakula - Public Protector Probe

COURT HEARS TLAKULA ARGUMENTS

The Electoral Court sitting in the High Court in Johannesburg ruled on Friday that it would hear submissions in an investigation into the matter of IEC chairwoman Pansy Tlakula.

"We will accede to the request to listen to the applicant," Judge Lotter Wepener said.

"We will consider and advise -- after what we heard today -- the further conduct of the court."

Wepener made the ruling after he said earlier the court would be not be able to make a recommendation on Tlakula before the May 7 elections.

Several opposition parties want Tlakula to resign before the national elections, arguing that her integrity has been compromised.

The parties are the United Democratic Movement, the African Christian Democratic Party, the Congress of the People, Agang SA, and the Economic Freedom Fighters.

"Having regard to what is before us... we conclude that we will not be able to make a reasonable recommendation prior to 7 May," Wepener said earlier.

"We will be realistic as to what we can do."

He said it was a court of law, and as such was not interested in the "politics out there".

There was a difference in acting expeditiously and acting hastily.

"If we cannot obtain your prime objective then we must stop pushing the matter, which is not right," he said.

"It is unlikely for us to make a recommendation before the 7th."

He said this was based on the volume of the work before the court.

However, David Unterhalter SC, for the political parties, proposed that both sides make submissions before the court decided that it would not be able to make a recommendation.

"First hear the matter. That conclusion should not be made now," he said.

Daniel Berger SC, for Tlakula, said there would be no point in continuing, and argued more time was needed for them to "get their heads straight".

However, after the ruling, Unterhalter was called to make submissions.

In court for the parties were UDM leader Bantu Holomisa, and Dali Mpofu of the EFF.

The men greeted each other and stood outside the court chatting during a brief adjournment.

The application follows a forensic investigation by the National Treasury into the procurement of the IEC's Riverside Office Park building in Centurion.

The probe found the process was neither fair, transparent, nor cost-effective.

It also found Tlakula neither gave guidance nor formally informed various people what was expected of them in the process.

Tlakula has maintained she was not accused of corruption in the report.

The Treasury's report followed a recommendation by Public Protector Thuli Madonsela in her own report into the matter, released in August last year.


Source : Sapa /dm/jk/lp/rod
Date : 02 May 2014 13:16
 
No, she was accused of maladministration. In other words, she couldn't organize a piss-up in a brewery. How do the parties expect her to run an election?

If she had been accused of being corrupt how would anyone believe the results?

She is tainted. Through her own actions. She should go.

That she hasn't resigned shows she has no ethics. And frankly that's as good as being corrupt as far as the election is concerned.
 
TLAKULA CONCEDES MISCONDUCT: LAWYER

IEC chairwoman Pansy Tlakula has conceded in her affidavit that she acted unlawfully, the Electoral Court sitting in the High Court in Johannesburg heard on Friday.

"She has acknowledged that she acted in an unlawful manner," David Unterhalter SC, for various political parties, said.

"She is breaking the law to her own knowledge at the time of the decision."

He said Tlakula knew the law, but still broke it.

"Now that is a very serious misconduct."

The court held an investigation into Tlakula's conduct after an application by some opposition parties to have Tlakula resign ahead of the May 7 elections.

The parties calling for her resignation are the United Democratic Movement, the African Christian Democratic Party, the Congress of the People, Agang SA, and the Economic Freedom Fighters.

Tlakula was not in court on Friday.

The opposition parties want Tlakula to resign, arguing that her integrity has been compromised.

The application follows a forensic investigation by the National Treasury on the procurement of the Electoral Commission of SA's (IEC) Riverside Office Park building in Centurion, Pretoria.

The probe found the process was neither fair, transparent, nor cost-effective. It also found Tlakula did not give guidance or formally inform various people what was expected of them in the process.

Tlakula has maintained she was not accused of corruption in the report.

The Treasury's report followed a recommendation by Public Protector Thuli Madonsela in her own report into the matter, released in August last year.

On Friday, Unterhalter quoted from the affidavit Tlakula submitted to court at 7pm on Thursday.

"I did not insist on the process being a full tender process in terms of the commission's policy," Tlakula said in the affidavit.

Unterhalter said Tlakula knew what was required in terms of the law, but chose not to abide by the law.

"If a person chooses not to abide by the law -- such a person commits a misconduct," he said.

In her affidavit, Tlakula said her failure to follow certain process was an "honest mistake".

Unterhalter argued that it was not a mistake, but that she deliberately chose not to.

"The one thing she can't say is that she was ignorant," he said.

"The fact of the matter is -- if you choose to do something knowing what the law requires, it is not an honest mistake."

Unterhalter also referred to submissions Tlakula made to Parliament, as well as Madonsela's report.

The matter continues.


Source : Sapa /dm/jk/rod
Date : 02 May 2014 14:16
 
'MISCONDUCT' DEBATED IN TLAKULA CASE

IEC chairwoman Pansy Tlakula cannot be punished for misconduct before she was appointed, the Electoral Court heard in Johannesburg on Wednesday.

"We submit that any conduct before appointment cannot be taken into account," said Daniel Berger, SC, for Tlakula.

Judge Lotter Wepener asked -- if this was the case -- whether a breach of the rules after a commissioner's tenure would equally amount to misconduct.

"After? Can you do (an act of misconduct) with impunity?"

Berger replied that a former commissioner would then possibly fall foul of other laws, but not misconduct, if his or her tenure was over.

The court is considering Tlakula's conduct after an application by some opposition parties to have her resign as Electoral Commission of SA (IEC) chairwoman.

They brought the application before the May 7 elections.

The parties are the United Democratic Movement, the African Christian Democratic Party, the Congress of the People, Agang SA, and the Economic Freedom Fighters.

The matter was initially postponed on May 2 until after the elections as the court did not have enough time to make a recommendation.

The opposition parties argue that Tlakula's integrity had been compromised and that she should resign.

The application follows a forensic investigation by Treasury on the procurement of the IEC's Riverside Office Park building in Centurion, Pretoria.

At the time of the complaint Tlakula was the chief electoral officer.

The probe found the process was neither fair, transparent, nor cost-effective. It found Tlakula did not give guidance or formally inform various people what was expected of them in the process.

Tlakula has maintained she was not accused of corruption in the report.

The Treasury's report followed a recommendation by Public Protector Thuli Madonsela in her own report into the matter, released in August last year.

Berger submitted that the court should only consider arguments against Tlakula's actions as outlined in the parties' founding affidavit, the Public Protector's and the Treasury's reports, as these were the basis of the application.

Claims by the applicants, to the effect that Tlakula was dishonest and had a dismissive attitude towards the court, should not be entertained.

"It is not proper to have this character assassination... When that is not the complaint before court," he said.


Source : Sapa /mjs/th/hdw/lp/jje
Date : 04 Jun 2014 12:22
 
TLAKULA MADE 'HONEST MISTAKE'

IEC chairwoman Pansy Tlakula made an "honest mistake" in the procurement of new premises, the Electoral Court sitting in the High Court in Johannesburg heard on Wednesday.

"People can make mistakes. The fact that people make mistakes does not have a bearing on their integrity, their impartiality," Daniel Berger, SC, for Tlakula, told the court.

He said she had acknowledged making an "honest mistake" when she tried to put the procurement of new office space for the Electoral Commission of SA (IEC) out to tender.

Berger said the IEC ratified Tlakula's decision to do so.

"Advocate Tlakula tried to improve the position."

He said that at the time Tlakula was not aware that Abland, the company that ultimately won the tender, would bid for it.

The Public Protector found Tlakula had a relationship -- possibly of a romantic nature -- with the chairman of Parliament's finance portfolio committee, Thaba Mufamadi. He was a shareholder in Abland, which owned the Riverside Office Park building in Centurion, Pretoria, the IEC's current premises.

The court is investigating Tlakula's conduct after an application by some opposition parties to have her resign as IEC chairwoman. It was brought before the May 7 elections in a bid to have her step down before the polls. The court however postponed it until afterwards.

The parties are the United Democratic Movement, the African Christian Democratic Party, the Congress of the People, Agang SA, and the Economic Freedom Fighters.

They argue that Tlakula's integrity had been compromised and that she should resign.

Their application followed a forensic investigation by the Treasury on the procurement of the Riverside Office Park building.

At the time of the complaint Tlakula was chief electoral officer.

The Treasury's probe found the process was neither fair, transparent, nor cost-effective. It found Tlakula did not give guidance or formally tell various people what was expected of them in the process.

Berger said: "There was a general understanding at the commission for years that rental of office space was not subject to tender."

An initial deal for the leasing of office space led to a premises in Menlyn, Pretoria, being selected.

Tlakula subsequently called for "some sort of open process".

"That was what she initiated and followed through with," Berger argued.

Earlier Berger argued that the removal of a commissioner for misconduct could only be considered where that misconduct happened during their term of office. This was implicit in Section Nine of the Electoral Commission Act, he said.


Source : Sapa /mjs/th/jje/lp
Date : 04 Jun 2014 14:22
 
IEC MOVE WAS NECESSARY: COUNSEL

It was necessary for the IEC to move from its old offices to new premises in Centurion, the Electoral Court sitting in the High Court in Johannesburg heard on Thursday.

Daniel Berger SC, for Electoral Commission of SA (IEC) chairwoman Pansy Tlakula, said the old offices were small and crowded, with some people "camping in the passageways".

Tlakula is opposing an application by five opposition parties to have her resign from her position at the IEC.

This followed a forensic investigation by the National Treasury, which found the procurement of the IEC's Riverside Office Park headquarters in Centurion had not been fair, transparent, or cost-effective.

The Treasury investigation followed a recommendation by Public Protector Thuli Madonsela, in her own report into the matter.

Madonsela found Tlakula had a relationship -- possibly of a romantic nature -- with the then chairman of Parliament's finance portfolio committee Thaba Mufumadi.

He was a shareholder in Abland, which owns the office park.

On Wednesday, the court heard that Tlakula had made an "honest mistake" during the procurement process.

"The fact that people make mistakes does not have a bearing on their integrity, their impartiality," Berger said.

On Thursday, Berger said the electoral court could not make a recommendation to recover any loss which might have resulted from the procurement of the building.

"This court is not tasked with setting aside a tender... or ensuring that no losses were incurred."

"They are tasked to investigate misconduct," he said.

The case continues.


Source : Sapa /nsm/gq/jk
Date : 05 Jun 2014 10:58
 
DISMISS TLAKULA APPLICATION: LAWYER

The Electoral Court was asked on Thursday to dismiss an application to have IEC chairwoman Pansy Tlakula removed from her position.

Daniel Berger SC, for Tlakula, told the court in Johannesburg there was no basis for the recommendation that she be removed.

Tlakula is opposing an application by five opposition parties to have her resign from her position at the Electoral Commission of SA (IEC).

The United Democratic Movement, African Christian Democratic Party, Congress of the People, Agang SA, and Economic Freedom Fighters called for her removal following a forensic investigation by the National Treasury which found that the procurement of the IEC's Riverside Office Park headquarters building in Centurion had not been fair, transparent, or cost-effective.

The Treasury investigation followed a recommendation by Public Protector Thuli Madonsela, in her own report into the matter.

Madonsela found Tlakula had a relationship -- possibly of a romantic nature -- with the then chairman of Parliament's finance portfolio committee Thaba Mufamadi.

He was a shareholder in Abland, which owns the office park.

"As a matter of logic, the procurement-related errors... does not affect the way in which she performs her duties as a commissioner," Berger told the court.

When the IEC obtained the building, Tlakula was not the chairwoman but CEO of the IEC.

On Wednesday, the court heard Tlakula had made an "honest mistake" during the procurement process.

On Thursday, Berger argued that this did not in any way affect the credibility of last month's elections.

He said some of the parties who were calling for her removal had also approved of the elections and had since been awarded seats in Parliament.

The lawyers of the opposing parties were expected to give their replies to the court on Friday.


Source : Sapa /nsm/hdw/lp/jk
Date : 05 Jun 2014 12:37
 
TLAKULA'S PAST COUNTS: COUNSEL

A person's past could make them unsuitable for a certain position, the Electoral Court sitting in the High Court in Johannesburg heard on Friday.

This is according to David Unterhalter SC, for five political parties calling for the removal of Electoral Commission of SA (IEC) chairwoman Pansy Tlakula.

The United Democratic Movement, the African Christian Democratic Party, the Congress of the People, Agang SA, and the Economic Freedom Fighters want the court to issue a recommendation to Parliament to have Tlakula removed from office after allegations of misconduct.

Their bid followed a forensic investigation by the National Treasury which found the procurement of the IEC's Riverside Office Park headquarters building in Centurion, Pretoria, was neither fair, transparent, nor cost-effective.

The Treasury's investigation followed a recommendation by Public Protector Thuli Madonsela in her own report into the matter.

Madonsela found Tlakula had a relationship -- possibly of a romantic nature -- with then chairman of Parliament's finance portfolio committee Thaba Mufamadi.

He was a shareholder in Abland, which owns the IEC's current premises.

Tlakula has submitted that she made an "honest mistake" during the procurement process.

On Thursday, Daniel Berger SC, for Tlakula, said the court should take into consideration that the procurement took place when she was CEO of the IEC, not the chairwoman.

He argued the issue had not affected how she conducted her duties and the country held successful elections under her leadership last month.

Unterhalter, however, argued on Friday that the matter could not be swept under the carpet just because it was not revealed when she applied for the chairwoman position.

The matter continues.


Source : Sapa /nsm/hdw/jk/lp
Date : 06 Jun 2014 11:40
 
TLAKULA 'FAILED TO GRASP GRAVITY OF SITUATION'

IEC chairwoman Pansy Tlakula failed to grasp the gravity of the situation which led five political parties to call for her removal, the Electoral Court heard on Friday.

David Unterhalter, SC, for the United Democratic Movement, the African Christian Democratic Party, the Congress of the People, Agang SA, and the Economic Freedom Fighters, highlighted Tlakula had argued she had committed a "mere error".

The parties want the court -- sitting in the High Court in Johannesburg -- to issue a recommendation to Parliament to remove Tlakula from office for alleged misconduct.

Their bid follows a forensic investigation by the National Treasury which found the procurement of the Electoral Commission of SA's (IEC) Riverside Office Park headquarters building in Centurion was neither fair, transparent, nor cost-effective.

The Treasury's investigation followed a recommendation by Public Protector Thuli Madonsela in her own investigation into the matter.

Madonsela found Tlakula had a relationship -- possibly of a romantic nature -- with then chairman of Parliament's finance portfolio committee Thaba Mfumadi.

He was a shareholder in Abland, which owns the Riverside Office Park, the IEC's current premises.

Tlakula submitted she made an "honest mistake" during the procurement process.

Unterhalter said if the court found there was a of conflict of interest in the procurement, it would amount to misconduct.

"She does not say she did not know," Unterhalter said.

"When she went to Parliament, she said, 'Well I was permitted to make that decision'."

Unterhalter highlighted that Tlakula had consciously chosen to deviate from established procedure.

"Meaning she was choosing to break the law," Unterhalter said.

The matter continues.


Source : Sapa /nsm/th/hdw/jk
Date : 06 Jun 2014 12:50
 
COURT RECOMMENDS TLAKULA'S REMOVAL

The Electoral Court recommended on Wednesday that Electoral Commission of SA chairwoman Pansy Tlakula be removed from her post.

In a written judgment, Judge Lotter Wepener said: "This court recommends that a committee of the National Assembly adopts the facts, views and conclusions of the court and that it finds that the respondent has committed misconduct warranting her removal from office".


Source : Sapa /mjs/jje/th
Date : 18 Jun 2014 13:14
 
TLAKULA COMPROMISED IEC'S CONDUCT

Electoral Commission of SA (IEC) chairwoman Pansy Tlakula compromised the integrity of the commission and should be removed from her post, the Electoral Court found on Wednesday.

"In my view, the respondent compromised the independence and integrity of the commission to such an extent that her actions complained of constitute misconduct within the meaning of the Electoral Commission Act," Judge Lotter Wepener said in his written ruling.

Tlakula's alleged misconduct, relating to a lease for office space for the commission, made her unsuitable for the office of commissioner and harmed the commission's values.

The court's recommendation would be passed on to parliamentary committee to decide on further steps.


Source : Sapa /mjs/tk/th
Date : 18 Jun 2014 13:31
 
So nothing will happen, or she will be promoted to a different post...
 
Electoral Court recommends Parliament removes IEC chair Tlakula

http://mg.co.za/article/2014-06-18-electoral-court-recommends-parly-removes-iec-chair-tlakula

Now lets see where the Skelm Auntie is going to be redeployed. And how big her golden handshake will be.

The Electoral Court recommended on Wednesday that Electoral Commission of South Africa (IEC) chair Pansy Tlakula be removed from her post.

In a written judgment, Judge Lotter Wepener said: “This court recommends that a committee of the National Assembly adopts the facts, views and conclusions of the court and that it finds that the respondent has committed misconduct, warranting her removal from office.”

Read the full judgment (PDF)
The Electoral Court had reserved judgment on the matter on June 6.

David Unterhalter SC, for the United Democratic Movement, the African Christian Democratic Party, the Congress of the People, Agang SA and the Economic Freedom Fighters, said in early June that it was the “worst possible thing” to have the IEC connected to any politician and amounted to a conflict of interest. He was submitting his final arguments to the court sitting in the high court in Johannesburg.

The five parties want Tlakula removed because she did not follow due processes in the procurement of the IEC’s premises in Centurion, Pretoria. A forensic investigation by treasury found that the procurement of the Riverside Office Park was neither fair, transparent nor cost-effective.

The treasury investigation followed a recommendation by public protector Thuli Madonsela in her own investigations into the matter. Madonsela found Tlakula had a relationship, possibly of a romantic nature, with the chairperson of Parliament’s finance portfolio committee, Thaba Mufamadi. He was a shareholder in Abland, which owns the commission’s current premises.

“If you happen to be the CEO of an electoral commission, you can’t be in a business relationship with someone who is a politician,” said Unterhalter. He said this was a compromised relationship.

‘Honest mistake’
Daniel Berger SC, for Tlakula, told the court his client had made an “honest mistake”. He asked the court to take into consideration that she made this mistake while still serving as the IEC’s chief executive, not while in her current position. Berger contended the procurement deal had not affected how she conducted her duties.

Unterhalter argued in response: “Tlakula had a duty to disclose. Just because she didn’t stand to derive financial gain does not make the relationship okay.”

In 2010, the IEC published a document on its tender processes in which it indicated its staff had been trained on the subject. This might mean she willingly ignored the procedures, Unterhalter said.

Berger said he was unaware of this and could not argue on it. – Sapa
Click to expand...
 
You can't admit to misconduct and then try to hold on to your job when your job is based on holding to a high standard of integrity.
 
Nothing will come of it, at worst she will get a cadre deployment within in the ANC with a bigger salary and access to the trough.
 
In a written judgment, Judge Lotter Wepener said: “This court recommends that a committee of the National Assembly adopts the facts, views and conclusions of the court and that it finds that the respondent has committed misconduct, warranting her removal from office.”
Click to expand...

don't worry, nothing will happen. ;)
 
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