The Public Protector gave Water and Sanitation Minister Gugile Nkwinti 18 days to respond, but she did not answer his requests for an extension until the day the report was issued, when she refused.
The minister and Mkhwebane are embroiled in a court battle over the release of her report into the 2011 acquisition of the Bekendvlei farm in Limpopo, when Nkwinti was still minister of rural development and land reform. Nkwinti urgently approached the Pretoria high court on Friday night to interdict the release of the report.The report finds that he abused his position as minister and was in breach of the Executive Ethics code, which he denies.
Responding to questions, the public protector’s spokesperson Oupa Segalwe said that Mkhwebane had considered the potential conflict, “ as she does in all other cases before her”. Mahlangu refused to cooperate with the Deloitte investigation but was fired after the interim report implicated him and after a disciplinary process that found him guilty on six charges of misconduct related to the Bekendvlei farm, said Nkwinti.
He said another important point was that the complaint did not come from the Public Protector or Mahlangu. The complainant was Democratic Alliance MP and it was made “long before Mr Mahlangu joined the Public Protector South Africa”. The public protector is also obliged by law to investigate any alleged breach of the code, said Segalwe.
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