The ATM parliamentary leader, Vuyo Zungula, is fuming after initiating a complaint against troubled Police Minister Senzo Mchunu with the public protector.
This occurs 43 days after Public Protector Kholeka Gcaleka failed to take action against Mchunu within the 30-day window required by the Executive Members’ Ethics Act.
On July 7, the ATM filed a complaint against Mchunu in response to shocking disclosures made by KZN provincial police commissioner Lt-Gen Nhlanhla Mkhwanazi during his press conference.
President Cyril Ramaphosa placed Mchunu on special leave following Mkhwanazi’s revelations of the minister’s alleged links to criminal networks.
On Wednesday, Zungula said that not even an interview with him as the complainant had been requested by Gcaleka, let alone a request for additional information.
Conduct is unlawful
In his view, this conduct by Gcaleka was completely unacceptable but also unlawful.
Zungula wrote to Gcaleka this week: “Your office acknowledged this complaint, but no interview has been scheduled, no request for more information has been made, and no progress has been indicated.”
“In addition, we have no confirmation that a formal investigation has commenced or communication regarding the assignment of an investigator to the matter. This inaction is both unacceptable and unlawful.
“The Executive Members’ Ethics Act, read together with the Executive Ethics Code, is clear and unambiguous: the public protector is required to investigate complaints within 30 days and report findings to the president.”
According to Zungula, the complaint against Mchunu was not just a routine administrative issue but a serious one that concerned allegations against a sitting cabinet minister deliberately disbanding an anti-political killings task team to shield criminal syndicates, mislead the public and parliament, and violate his oath of office for private and political gain.
Gcaleka’s mandate is binding
Zungula argues that Gcaleka’s failure to take strong action against Mchunu could make her part of the problem, allowing a lack of accountability and protecting wrongdoing at the top levels of the government.
“We remind you that Section 182 of the constitution empowers and obliges the public protector to investigate any alleged improper conduct in state affairs, report on it, and take appropriate remedial action.
“You do not have the discretion to sit idle in the face of such grave allegations. Your mandate is not ceremonial; it is binding,” a stern Zungula continued.
Consequently, he proceeded to make the following demands from Gcaleka:
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That her office immediately provide a written update on the status of this investigation;
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That she schedules an interview with ATM as the complainant and any other complainants on the same case and matter without further delay;
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That she discloses the steps already taken, if any, in pursuit of compliance with the EMEA’s 30-day requirement;
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That she indicates when her findings will be finalised and transmitted to the president, as mandated by law; and
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That she confirms who has been appointed as the investigator responsible for handling this matter.
“Failure to act with the urgency and seriousness this matter requires will force us to escalate the issue publicly and legally.
“We will not allow a statutory watchdog to abdicate its duties while political interference and state capture run unchecked,” Zungula warned.
