Minister taking Thuli Madonsela to court

2014-03-16 14:56
Fisheries Minister Tina Joemat-Pettersson (Picture: Sapa)

Fisheries Minister Tina Joemat-Pettersson (Picture: Sapa)

Multimedia   ·   User Galleries   ·   News in Pictures Send us your pictures  ·  Send us your stories

Cape Town - Fisheries Minister Tina Joemat-Pettersson is taking the public protector to court to challenge her report on the tender to manage the state's fishery vessels, the minister said on Sunday.

"I will be asking the North Gauteng High Court to declare that the report including the findings and recommendations, are reviewed, corrected and, or, set aside," she told a media briefing in Cape Town.

Papers were served on Public Protector Thuli Madonsela on Friday, according to Kanthi Nagiah, the head of legal services in the department.

Joemat-Pettersson said she was launching the legal challenge because Madonsela refused to reconsider her findings that the minister was guilty of improper conduct and maladministration in regard to the tender.

Madonsela had responded that her findings were final, the minister said.

"The public protector further advised that if I wished to challenge the findings, I should engage the president or subject the report to legal review," she added.

DA complaint

"I am thus following the advice of the Public Protector by taking the report on legal review."

In her report, titled "Docked Vessels" and released on 4 December, Madonsela recommended that President Jacob Zuma consider disciplinary action against the minister for "reckless dealing with state money and services, resulting in fruitless and wasteful expenditure, loss of confidence in the fisheries industry in South Africa, alleged decimation of fisheries resources in South Africa and delayed quota allocations due to lack of appropriate research".

Madonsela said the director general in the Presidency should chart a course for taking action against Joemat-Pettersson within 30 days.

Her probe followed a complaint from the Democratic Alliance.

The party asked the protector to probe the awarding of an R800m contract to the Sekunjalo consortium to manage the department's fleet of research and patrol ships.

The contract was withdrawn.

Mum on Zuma

Joemat-Pettersson said she had consulted two senior advocates who supported her view that it was wrong of Madonsela to find her "guilty" early in December of delaying quota allocations when the deadline to issue these were only at the end of that month.

She added that Madonsela had no concrete basis for concluding that confidence in the local fishing industry had been damaged due to her actions.

"There is no evidence for this statement... As far as we know there was no scientific study or survey done to test this issue and one can only assume that this is a perception."

Joemat-Pettersson refused to say whether Zuma had raised the report with her, firmly stating that their discussions were not the subject of Sunday's media briefing.

Her announcement comes three days before Madonsela is due to release her long-awaited report into the refurbishments and security upgrades at Zuma's home in Nkandla.

The department launched a tender process in 2011 before Smit Amandla Marine's contract to manage the vessels expired.

Smit Amandla complained that documents in which it tendered for the new contract had been leaked to the rival Sekunjalo Marine Services Consortium.

The department had awarded the deal to Sekunjalo but subsequently withdrew it and ordered Smit Amandla to hand over the management of the vessels to the navy in less than a month, which drew a rebuke from Madonsela for the "abrupt" handover.

The navy was unable to keep the fleet seaworthy, forcing the department to issue an emergency tender to restore them to that state.

Read more on:    tina joemat-pettersson  |  jacob zuma  |  thuli madonsela  |  tenders

Read News24’s Comments Policy publishes all comments posted on articles provided that they adhere to our Comments Policy. Should you wish to report a comment for editorial review, please do so by clicking the 'Report Comment' button to the right of each comment.

Comment on this story
Add your comment
Comment 0 characters remaining

Inside News24


11 things men don’t know about their clothes

There’s actually a logical explanation for that little button under your collar.

Hilarious mortal kombat elevator prank!
This is how the Top Gear presenters spend their £55 million!
Thirty and still single? There’s hope!
SA’s Playboy Playmate of the year in action!

Jobs in Cape Town [change area]

Property [change area]

Travel - Look, Book, Go!

Magical Massinga

Spend 5 nights at the gorgeous Massinga Beach Lodge in Mozambique and only pay for 4 from R13 220 per person sharing. Includes return flights, accommodation, transfers and romantic turndown. Book now! - shop online today

Festive gifts!

Check out our awesome range of festive gifts to make everyone’s wishes come true. Shop now!

Seen something you like in our catalogue?

Find the perfect gift and save up to R5000 – As seen on the catalogue. Hurry and shop now!

Save up to R2200 on electronics! – As seen in the catalogue

Wishing for tech gadgets this festive? Save up to R2100 on hot tech products at While stocks last. Shop now!

Up to 35% off books

Save up to 35% on the latest page-turners. While stocks last. Shop now!

Good Morning, Mr Mandela by Zelda la Grange

Good Morning, Mr Mandela tells the extraordinary story of how a young woman had her life, beliefs, prejudices and everything she once believed in utterly transformed by the greatest man of her time. Now R221. Pre-order now!

OLX Free Classifieds [change area]

Samsung Galaxy s4

Mobile, Cell Phones in South Africa, Western Cape, Cape Town. Date October 24

Best bargain in big bay

Real Estate, Houses - Apartments for Sale in South Africa, Western Cape, Cape Town. Date October 25

VW Golf 6, 1.6 Trendline (Excellent condition)

Vehicles, Cars in South Africa, Western Cape, Cape Town. Date October 25


It may be hard to stay cool, calm and collected. Your emotions can get quite heated in the moment. You may benefit from finding more

There are new stories on the homepage. Click here to see them.


Create Profile

Creating your profile will enable you to submit photos and stories to get published on News24.

Please provide a username for your profile page:

This username must be unique, cannot be edited and will be used in the URL to your profile page across the entire network.


Location Settings

News24 allows you to edit the display of certain components based on a location. If you wish to personalise the page based on your preferences, please select a location for each component and click "Submit" in order for the changes to take affect.

Facebook Sign-In

Hi News addict,

Join the News24 Community to be involved in breaking the news.

Log in with Facebook to comment and personalise news, weather and listings.