President Cyril Ramaphosa has been cleared by Public Protector Advocate Kholeka Gcaleka of allegations of power abuse and maladministration.
This comes after Elias Muller filed a complaint about Ramaphosa’s actions when he allegedly gave Martha Louw a Reconstruction and Development Programme (RDP) home in Donkerhoek, Northern Cape.
Muller claimed that Ramaphosa carried out this action during the October 2022 Letsema campaign for the African National Congress (ANC).
Broke Section 96 of the Constitution
Muller further said that Ramaphosa misused his position of authority and broke Section 96 of the Constitution, so he requested Gcaleka to look into the situation.
“The president went to the Northern Cape as part of the ANC’s Letsema campaign, which is not a government campaign, and handed over an RDP house.
“It is irregular and unjustifiable for an RDP house built with taxpayers’ money to be issued by a political party instead of government. The president abused his powers during his party’s Letsema campaign,” said Muller in the complaint to Gcaleka.
He added that Ramaphosa exposed himself to a situation that creates a conflict
between his private and public interests. And this might likely continue, unless he is “urgently stopped and reminded of his oath of office”.
“The public protector should investigate the president’s conduct in relation to the allocation of an RDP house to Ms Louw in Donkerhoek, Northern Cape province,” he said.
Letsema campaign under heavy criticism
In an affidavit deposed on February 27 2023, in support of his complaint, Muller stated that the Letsema campaign has come under heavy criticism from opposition parties and South Africans, who are seeing right through the ANC’s intent.
“Floyd Shivambu, the former deputy president and chief whip of the Economic Freedom Fighters (EFF) called what Ramaphosa did a ‘desperate attempt’ and X users (formerly Twitter) asked why these tasks were suddenly being carried out by high-profile ANC officials, when there are municipalities in place for this, and if the campaign was being run with state or ANC funds,” he added.
In a report released by Gcaleka recently, she said an investigation was conducted. It included an exchange of documents, analysis of the relevant documentation and consideration, as well as application of the relevant laws, regulatory framework, and prescript.
The report stated that Louw’s housing subsidy was approved in 2004.
No evidence links Ramaphosa to the house
“The house which Ms Louw had been occupying from the date of her application in 2000 and was handed over to her on 30 September 2022 by Mr Vass and officials of CoGHSTA and the municipality.
“There is no evidence to indicate that the president handed over the house to Ms Louw when he visited her on 01 October 2022, thereby acting contrary to the provisions of section 96(1) and section 96(2)(b) and (c) of the Constitution. Accordingly, the conduct of the president does not constitute improper conduct,” she concluded.
