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ANC chief whip Pemmy Majodina. Picture: Misheck Makora
- The ANC parliamentary chief whip’s son has been referred to the Hawks for investigation.
- This was after a complaint was lodged by ANC MP Mervin Dirks last year with the Office of the Public Protector over a PPE tender.
- Acting Public Protector advocate Kholeka Gcaleka made no findings against the chief whip.
The awarding of a personal protective equipment (PPE) contract to the son of ANC parliamentary chief whip Pemmy Majodina has been referred to the Hawks by acting Public Protector advocate Kholeka Gcaleka.
Gcaleka referred the matter to the Hawks after her office probed the case.
In her findings, Gcaleka ordered Speaker Nosiviwe Mapisa-Nqakula and the chairperson of the National Council of Provinces, Amos Masondo, to take appropriate steps within 190 days to pass the regulations concerning the allocation and use of any funds provided by Parliament to political parties or Members of Parliament, as envisaged in the Financial Management of Parliament and Provincial Legislatures Act (MFPPLA).
The Secretary to Parliament, Xolile George, was ordered to periodically ensure the reviewing of the regulations as contemplated in the FMPPLA.
The complaint was launched by ANC MP Mervin Dirks on 26 April 2021.
Dirks claimed that the ANC constituency office awarded a PPE tender to supply thermometers worth R52 500 to the company owned by Majodina’s son Thandolwethu Mkhonto we-Sizwe Majodina.
He alleged that Pemmy Majodina created a graphic designer position in her office and employed her son without following due process.
Dirks said the process was gross nepotism and disrespect of public office by Majodina, who allegedly abused constituency funds on car rentals despite receiving monthly car allowances.
READ | ANC chief whip ready ‘to subject herself’ to probe over son’s involvement in party PPE deal
Gcaleka said the office of the ANC caucus in Parliament received R286.5 million in 2020/2 to assist MPs in conducting active oversight over the executive and its departments and constituency work.
The Public Protector was requested to investigate this allocation to reveal how much was spent on PPEs and other tenders during the 2020/2021 financial year.
According to Gcaleka, Dirks had argued that Majodina had misused political party allowances allocated by Parliament to benefit her family, and that Parliament had not put adequate control mechanisms in place to prevent the misuse of public funds that Parliament allocated as political party allowances.
However, the Public Protector said she could make no finding against Majodina.
“… there can be no doubt that procurement of PPE by the ANC, which is a political party, does not amount to public affairs as envisaged in these provisions. The fact that the ANC is a governing party does not make it a part of the public administration.
She said:
The affairs of the ANC do not fall within the scope of matters to be investigated by the Public Protector as contemplated in the Constitution.
However, Gcaleka said allegations that Parliament had failed or had delayed putting adequate control regulatory measures in place to ensure transparency, accountability and sound management and expenditure of its finances were substantiated.
“The Speaker conceded during this investigation that the executive authority of Parliament still needs to issue regulations contemplated in the FMPPLA. The Speaker submitted that Parliament is still in the process of adopting the draft regulations yet to be presented to the Joint Standing Committee on the Financial Management of Parliament.
READ | ANC MPs lay complaints against chief whip Pemmy Majodina with PP and cops over son’s tender
“The FMPPLA is a national legislation which came into force in 2009. It is now 13 years later, and Parliament still needs to pass the regulations as contemplated by FMPPLA. As a result of the absence of regulations required of Parliament, the Public Protector finds that Parliament has failed or unduly delayed to comply with the dictates of its own legislation, namely, FMPPLA,” Gcaleka said.
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