PUBLIC Protector Advocate Kholeka Gcaleka has found that allegations that President Cyril Ramaphosa’s invitation of the property development company, Balwin Properties to become part of the Mooikloof Mega Residential City in Tshwane, are not substantiated.
Gcaleka revealed this during a media briefing in Cape Town on the finalised investigation reports for the final quarter of the 2023/2024 financial year on Thursday morning, 28 March.
The project was launched in 2020 and was officiated by Ramaphosa after it was regarded as one of 62 strategic integrated projects.
According to the report, the complaint was lodged by the African Transformation Movement (ATM) on 16 February in 2021 where the complainant was concerned about the potential maladministration relating to the flouting of the Public Finance Management Act (PFMA), particularly the supply chain processes when only one supplier was engaged.
Another concern was whether the property development company complied with Black Economic Empowerment (BEE) requirements envisaged in the Broad-Based Black Economic Empowerment Act, 2003 (BBBEE Act), that all government suppliers are supposed to comply with.
“Our investigation sought to determine whether the president’s invitation to the property development company to become part of the Mooikloof Mega Residential City was in contravention of the Public Finance Management Act, 1999 and the supply chain management processes and whether such conduct was improper as envisaged in Section 182(1)(a) of the Constitution and amounts to maladministration as contemplated in Section 6(4)(a)(i) of the Public Protector Act, 1994,” she said.
Gcaleka said accordingly, the conduct of the president did not constitute procurement as envisaged in Section 217 of the Constitution and Section 38 of the PFMA.
She said during the final quarter of the 2023/2024 financial year, the institution received 2 217 matters, which are inclusive of matters that do not fall within the jurisdiction of the Public Protector.
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She said the total number of matters received for the 2023/2024 financial year thus fair is 7 567, of which 3 129 were related to undue delay and 1 213 were complaints of maladministration.
Gcaleka further mentioned that the investigation into the Department of Higher Education and the National Student Financial Aid Scheme’s (Nsfas) is ongoing and at an advanced stage.
“As has been our approach in the recent past, we have encouraged Nsfas to resolve the systemic challenges experienced by students speedily and in so doing, develop lasting solutions to these matters as they have persisted over an extended period of time,” said Gcaleka.
When it comes to the roadshows conducted by the PPSA, Gcaleka said they embarked on an inspection recently at the Rooiwaal WasteWater Treatment Works facility in Hammanskraal to monitor the progress with the implementation of the remedial action taken in an investigation into allegations of undue delay and or failure by the City of Tshwane to supply the residents of Hammanskraal with clean water.
“The PPSA will be launching new channels as part of our efforts to improve accessibility in its generality: A 'call me back' channel which will allow complainants to send a request and we will contact them and a self-service channel to be able to check the status of their complaints from the comfort of their home using a phone or a laptop.
“Lastly, we're also going to be launching our new call centre which will improve our ability to call complaints and take their calls. These channels will be officially available to the public as of 7.30am on Tuesday, 2 April and this function will have a voice feature to accommodate people who are visually impaired and/or cannot read. We intend to launch this solution in at least five languages,” said Gcaleka.
