WeeklySA_AdminFALSE STEP:No way forward on case against Thandi Modise
By Ali Mphaki
Public Protector Advocate Busisiwe Mkhwebane’s office is sitting on a maladministration claim lodged almost two years ago by an NGO of music technicians against former Speaker of Parliament Thandi Modise, who is now the new minister of defence.
The complaint lodged on January 13, 2020, by the South African Roadies Association, SARA, relates to “dishonest and false” statements involving millions of rand willfully made by senior officials of the department of arts and culture to Parliament way back in February 2016.
The officials are said to have made the misleading statements to Parliament over the implementation of a settlement agreement between the Department of Arts and Culture, the South African Roadies Association (SARA) and the Public Protector SA, signed on 1 April, 2014, which enjoined the department to provide funds for SARA towards its administrative costs and renovations of its building downtown Jozi.
Their statements to Parliament, among others, said the department have made millions available to SARA, which the association say they never received.
SARA first took the complaint to then portfolio chair Ms Xoliswa Tom in February 2016 and when after three years they found no joy, then presented Modise as Speaker of Parliament with a dossier on June 21, 2019, where they claim that the portfolio committee of arts and culture, and the legal advisors of parliament has deliberately failed to address its complaint filed in terms Section 17 (2) of Powers, Privileges and Immunities of Parliament Act of 2004.
SARA insists that the Act empowers the Speaker to act on this legitimate complaint, but apparently did nothing which in their view is tantamount to maladministration, hence they escalated the matter to the PP to investigate Modise.
With almost 19 months to the fact and with no way forward and the complainant still to be interviewed by the PP, SARA is beginning to question the impartiality of the PP and say they suspect Mkhwebane’s office could be treating Modise with “kid gloves” and that “justice delayed is justice denied”.
SARA president Freddie Nyathela asks why such a long delay in dealing with their complaint against Modise when in the past the PP had attended to their other complaints timeously.
Responds Oupa Segwale the Public Protector spokesman: “The matter is being finalized and a report will be send to the complainant soonest,” he says.
What is the turn-around time to a complaint? asks Weekly SA Mirror.
“In terms of our serve standards, complaints such as Mr. Nyathela’s have a 24-month turnaround time. This is not to say he must wait for the 24th month as such matters can be wrapped up earlier, depending on the merits and circumstances of each case,” said Segwale.
It would seem Segwale should have paused to think before making his comment, charges Nyathela.
“How can the Public Protector spokesman say they are preparing a report without having first provided a way forward and interviewed the complainant,” asks Nyathela.
“For nearly two years now we’ve been waiting and cajoling the investigator of the PP for a way forward – sending incessant emails – but all we got has been one unfulfilled promise after another,” he added.
Nyathela said it was disheartening that the Parliament “of the people” had failed to address the SARA complaint and now even the PP is dilly-dallying,
Those fingered to have made false representations to Parliament are former deputy director general Monica Newton, a senior official Dr Mbulelo Njokweni and another former acting director general Vusithemba Ndima, who is the deputy director general for heritage. Newton is now the CEO of the National Arts Festival.
The Act stipulates the following.
“In terms of the Powers, Privileges and Immunities of Parliament and Provincial Legislatures Act (Act 4 of 2004), it is a criminal offence to present false and dishonest statements to Parliament and its committee”;
“(d) with intent to deceive a House or committee, produces to the House or committee any false, untrue, fabricated or falsified document; or”
“(e) whether or not during examination under section 15, wilfully furnishes a House or committee with information, or makes a statement before it, which is false or misleading, commits an offence and is liable to a fine or to imprisonment for a period not exceeding two years or to both the fine and imprisonment”.
TIME LINE:
• FEBRUARY 26, 2016: SARA submits complaint to Portfolio Committee on Arts and Culture in Parliament against top DAC officials for “false and dishonest’ statements. Nothing happened.
• JUNE 21, 2019, SARA submits a dossier to Speaker Thandi Modise against senior department officials, for willfully presenting “false” and “dishonest” statements to Parliament. Nothing happened.
• JANUARY 13, 2020: SARA lodges complaint with Public Protector.
• AUGUST 13, 2022: Public Protector still to interview the complainant.
