Just a few hours before the PublicProtector is scheduled to release investigation reports, Water and Sanitation Minister Gugile Nkwinti will be in court to prevent the release of a report that finds he abused his position as minister.
After an investigation, a draft Deloitte report in 2016 implicated Nkwinti, along with other officials, and suggested he be charged under the Prevention and Combating of Corrupt Activities Act. But the final Deloitte report contained no adverse findings against the minister. article led to a complaint by Democratic Alliance MP Thomas Walters, as well as request by Nkwinti himself to the public protector to investigate.
But Mkhwebane did not got to hear his side of the story, after she “unfairly” and “unreasonably” refused to give him more time to answer, Nkwinti said. “The final report contains a finding that i have violated paragraphs 3.2 and 3.2 of the Executive Ethics Code. These findings are not correct and have been made without granting me the opportunity to submit a response,” Nkwinti said in his affidavit.
Paragraphs 3.2 and of the code say that a member of the executive may not “act in a way that is inconsistent with their position” or “use information received in confidence in the course of their duties otherwise than in connection with the discharge of their duties”.Her refusal to give him an extension was “extremely unreasonable considering the fact that she approached me for the first time approximately 26 months after I requested her to conduct an investigation”.
She said that, by law, the public protector may only keep reports confidential in exceptional circumstances, such as if it would prejudice any other public protector investigation or undermine the public peace or security of the republic.She also said that granting extensions was in her discretion and that Nkwinti waited until close to the deadline before he applied for an extension: “It is absurd that it took the applicant 14 days to make up his mind that he needs an extension,” she said.
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