Police HQ: Minister ignored legal advice

2011-02-22 22:23
Pretoria - Public Works Minister Gwen Mahlangu-Nkabinde ignored two senior counsel opinions when she revalidated the leasing agreement between her department and the Roux Property Fund for a multimillion-rand police building.

Public Protector Thuli Madonsela revealed this at a news conference in Pretoria on Tuesday at which she also instructed the Cabinet to urgently interrogate Mahlangu-Nkabinde on her decision to reinstate the R500m contract after it was cancelled by Geoff Doidge, her predecessor.

Doidge was fired by President Jacob Zuma as part of his Cabinet reshuffle at the end of October last year.

Shortly after assuming office, Mahlangu-Nkabinde obtained a legal opinion from a senior advocate on the legality of the contract between public works and Roux Property Fund. This, after Doidge already obtained a senior counsel opinion, confirming the deal was null and void.

Madonsela also asked the office of the State attorney to look at the contract.

The State attorney said the lease was enforceable, but senior advocate Pat Ellis submitted his opinion to Mahlangu-Nkabinde on November 22, stating the lease agreement was unlawful.

On the same day Mahlangu-Nkabinde’s department advised Nedbank, the financier of Roux Property Fund, that the deal is continuing.

Madonsela said on Tuesday her office did not find any proof of criminal conduct, but would refer her report to Finance Minister Pravin Gordhan and the National Treasury to investigate further.

In a letter submitted by Gordhan to Madonsela after seeing her draft report on the matter, he wrote: “The National Treasury supports the further review of the lease agreement as a matter of urgency. This may include, if necessary, the initiation of criminal prosecution.

“Madonsela’s report also criticises the secretive culture of the police which led to officials merely approving the deal without asking questions.

“It was evident throughout the investigation that a number of the officials interviewed expressed their reservations with the process followed by the SAPS to procure the lease.

"However, they were reluctant to raise their concerns with their superiors due to the culture of the SAPS in terms of which instructions are followed and not questioned.

“Former deputy national police commissioner Hamilton Hlela amplified the point in his interview with Madonsela, stressing that “he was unwilling to question the decisions and instructions of the national commissioner (Cele)”.
Read more on:    saps  |  gwen mahlangu-nkabinde  |  bheki cele  |  thuli madonsela
NEXT ON NEWS24X
SHARE:

Read News24’s Comments Policy

24.com 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
12 comments
Comments have been closed for this article.
 

Inside News24

 
/News
 

Joburg hot spots for cocktails, craft beer, tapas and wine!

It’s the season to be jolly – so we’ve rounded up some new Joburg hot spots!

 
 

I love summer.24

The craziest deaths of 2014
How to make this a sensual, sexy summer!
This is what South Africans Googled in 2014!
This hilarious song is your new holiday anthem

Jobs in Cape Town [change area]

Property [change area]

Travel - Look, Book, Go!

Kalahari.com - shop online today

2DAYS ONLY – 30% off Appliances

Coffee makers, blenders, fans, juicers and more. T&Cs apply. Shop now!

2 DAYS ONLY – 40% off books

Get 40% off when you buy 2 books. For two days only! T&Cs apply. Buy now!

Up to 50% off on outdoor gear

Save on chairs, blankets, cooler bags, umbrellas and more. Shop now!

Save on Samsung

Cameras, mobile phones, TVs, Tablets and more. While stocks last. Shop now!

Grand Theft Auto 5

Now available on PS4, Xbox One and PC from R649. Buy 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

Horoscopes
Aquarius
Aquarius

There is so much going on around you and inside your head. You may want to take your ideas to the next level. Romance may be...read more

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

Hello 

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 24.com network.

Settings

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.