Pretoria – The North Gauteng High Court in Pretoria on Tuesday set aside adverse findings made by suspended Public Protector Busisiwe Mkhwebane against former mayor of Joburg, Herman Mashaba.
Mkhwebane investigated Mashaba after there were allegations of maladministration relating to irregular appointments, irregular salary increases, financial mismanagement, procurement irregularities, and conflict of interests in the City of Johannesburg.
The investigation stemmed from an anonymous complaint lodged with the public protector’s office on 8 March 2018.
When she released her report in 2020, Mkhwebane said Mashaba unlawfully and irregularly entered the procurement space and solicited free services from Lephatse Financial Services.
She also said Mashaba irregularly appointed staff.
“The city improperly or irregularly appointed Mr Mtileni ... Mr Tembe ... The city improperly or irregularly appointed, without following due process, KMPG to conduct investigations in various departments, as for clearly different assignments which would require different expertise, without advertising the tender as required by the Municipal Finance Management Act and supply chain management regulations.”
On Tuesday, Judge Baqwa said Mkhwebane’s report was unconstitutional, unlawful, and invalid.
In a statement, Mashaba said this ruling brings to an end a long legal battle to clear his name.
“Today I am vindicated by the ruling, proving that I always acted ethically during my time in the City, and in accordance with the law.”
Mashaba said the party is looking forward to Parliament applying Itself to the appointment of a new public protector who can discharge their role with credibility and without fear or favour.
IOL