AfriForum’s private prosecutions head, Gerrie Nel, has written to Gauteng Premier Panyaza Lesufi.
Nel is asking Lesufi why he allegedly failed to implement recommendations of independent investigations into alleged corruption at the Gauteng social development department.
In a letter dated October 8, Nel says the lobby group is acting on behalf of a whistleblower. The latter had realised that the Gauteng provincial government, and the premier’s office specifically, allegedly failed to act on the findings. They failed to implement the recommendations of several independent investigations into corruption at the department.
“It is reasonable to conclude that the findings were deliberately circumvented to shield people from prosecution. Bowmans, FSG, BDO and Open Waters were among the companies commissioned to investigate malfeasance within the department. [They were to] report on it and make recommendations,” said Nel.
Forensic investigation launched in 2018 as per whistleblower
Nel said around March 2018 the Gauteng provincial treasury appointed Bowmans. It was appointed to conduct a forensic investigation into the alleged mismanagement of public funds in the department.
He said upon the conclusion of the forensic investigation, Bowmans submitted a
report to the premier’s office. Also to the office of the MEC of social development, and Gauteng provincial treasury.
“Notably, the Bowmans report on the Carroll Shaw Memorial Centre was received by your good self. In your capacity of acting Social Development MEC,” said Nel.
Nel said, among others, Bowmans investigation made crucial findings. It implicated department officials as well as directors of certain NPOs. The investigation found that they acted in fraud, corruption, racketeering, and money laundering.
He said Bowmans established that public funds were used by the implicated officials. They used the funds to, among others, buy luxury vehicles, upmarket houses and a farm. They also used the funds to pay school fees and enjoy overseas holidays.
Bowman’s recommendations, among others, included initiating disciplinary action against the implicated officials. Also registering criminal cases with SAPS against the implicated persons. And instituting civil action against them to recoup the losses suffered. Also red-listing the implicated service providers, said Nel.
Nel said the Bowman’s report also made further recommendations. It said the Gauteng premier must lay criminal charges against Welheminah Reshoketswe Tshabalala. The latter was the head of department at the time.
Independent investigator recommendations ignored
Nel said the recommendations of the Bowmans report were not implemented.
He said AfriForum wants Lesufi to provide information and responses. This as to why he allegedly failed to take action against the implicated social development officials.
He said Lesufi should confirm that the office of the premier registered a criminal case
with the police against Tshabalala. This as recommended by Bowmans. If not, reasons why the case was not opened.
“Reasons why the Bowmans mandate was allowed to expire without any efforts to extend it, as was recommended.
“Reasons for the termination of the mandate of the law firm (whose name is known to us). [The law firm] was appointed to institute disciplinary hearings against the implicated officials.
“Reasons for the reinstatement of the implicated officials. Also reasons for the appointment of a law firm (whose name is known to us). This to set aside Bowmans’s findings and recommendations.
“Confirmation of instituting civil action against the implicated officials to recover the looted public funds. If no civil action has been instituted, reasons for not doing so. Confirmation of the red-listing of the implicated service providers/NPOs. If none were red-listed, reasons for the failure to do so,” said Nel.
AfriForum to approach the courts on the matter
Nel said AfriForum has not ruled out approaching the courts to compel Lesufi to protect and support whistleblowers. And for him to implement recommendations of alleged corruption investigations.
“Replies to our enquiries are in the public interest and the interest of the vulnerable victims of the corruption. We are in a position to compare your responses to the information in our possession. This will indubitably dictate our further involvement,” said Nel.
