The Minister of Public Works and Infrastructure has laid criminal charges against suspended Independent Development Trust (IDT) CEO Tebogo Malaka and spokesperson Phasha Makgolane.
This follows allegations that journalist Pieter-Louis Myburgh was offered R60, 000 in cash and contracts to stop him from following negative stories.
CEO under suspension
Malaka is under suspension pending investigation into the R836-million PSA Oxygen tender scandal.
“When I entered office roughly a year ago, I vowed that the era of unaccountability and theft at the Department of Public Works & Infrastructure and its entities would come to an end. And that we would take the necessary, difficult action to restore good governance.
“This evidence of alleged corruption confirms that we were right to be concerned and right to act. We will now continue with our efforts to clean up the department and its entities. To ensure we can deliver on our mandate to build a better South Africa,” said Macpherson.
The affidavit, as seen by Sunday World, shows that Macpherson opened charges relating to corruption, bribery, collusion, breaches of fiduciary duties [in] terms of the Public Finance Management Act (PFMA), and any other charges in relation to the Prevention and Combatting of Corrupt Activities Act.
Minister wants law to act against the two
He explained in the affidavit that Makgolane approached Myburgh in an attempt to bribe him. He also promised future payments of at least R100, 000 if he stops zooming into stories that expose Malaka.
He added that according to Myburgh, he was also offered to nominate his own contractors for tenders and take a cut from them.
“At all times, it is my opinion that the CEO and spokesperson acted in unison. Both equally complicit in attempting to bribe Mr Myburgh, rig tender processes, commit corrupt activities, and elicit payment for a favour.
“The acts above clearly demonstrate intention and action to, inter alia, commit bribery, influence tender procurement, pay regular sums of R100, 000 that do not reasonably come from bona fide means, and/or acts of corruption,” said Macpherson.
Acted in complicit
He blamed Makgolane for knowing the intentions of Malaka but not exposing this to anyone. And he added that Malaka also breached the PFMA, as she could not maintain the responsibilities of her position as CEO and of the IDT. She intended to influence officials and tender procurement processes.
“Accordingly, there is a prima facie case against both the CEO and spokesperson. I thus hereby lay criminal charges against both persons for reasons as stated above,” said Macpherson.
