News24

Zille: Leaked report 'legally flawed'

2012-05-13 22:39

Johannesburg - Western Cape Premier Helen Zille condemned the leaking of a preliminary report into her government's communications contract and defended the tender on Sunday.

In the draft report, Public Protector Thuli Madonsela reportedly found that the tender awarded to advertising agency TBWA/Hunt Lascaris in 2010 to centralise communications was invalid.

Madonsela's report was leaked to newspapers a week before a deadline for the province's response.

"This in itself is highly irregular," Zille said in the DA's newsletter, SA Today.

It prejudiced the province's right to rectify what it described as material legal errors in the draft report, before the report was finalised.

"Without casting aspersions on the public protector herself, we believe this premature leak prejudices the administration of justice and compromises our rights," she said.

Zille said repeated attempts to contact Madonsela had failed, and so the province had to publicly state its case.

"Should the draft report’s material errors in law not be rectified in the final report, we will take the findings on review to the high court," said Zille.

It was accepted by all parties that there had been no corruption whatsoever, "nor any evidence of political involvement, interference or manipulation in the procurement process", she said.

However, the report had found that two of the six people on a tender bid evaluation committee - the premier's special advisers, Ryan Coetzee and Gavin Davis - should not have been there.

Legally flawed

It found their involvement was unlawful, that the contract was rendered invalid and its termination was required, Zille said.

"According to our senior counsel, Advocate Geoff Budlender, this conclusion is legally flawed and cannot be sustained," she said.

There was no clause in the Constitution, the Public Finance Management Act, the Treasury Regulations, or the Accounting Officer’s System that explicitly or implicitly prohibited the involvement of special advisers in the bid evaluation process.

The Western Cape government did not have the legal power to terminate the contract, Budlender told Zille.

It would have to apply to the Western Cape High Court, but the court would "inevitably find that considerations of public interest, pragmatism and practicality lead to the conclusion that the award of the tender should not be set aside", Zille quoted him as saying.

The court application would result in fruitless and wasteful expenditure.

City Press reported that the contract amount was capped at R70m a year for two years for "ongoing costs". It also provided R1.5m for "once-off deliverables".

Zille contested the value of the contract.

"Since the contract was brought into effect, less than R6m has been spent on communications with the agency," she said. TBWA had received less than R1m from the contract.

'Tenderpreneurship'

The National Education, Health and Allied Workers' Union called for Zille's resignation.

Madonsela had been explicit in concluding that the tender amounted to "improper conduct and maladministration", it said.

"The DA and its leader in particular were aware of its irregularity and proceeded to endorse it even after the objections of the provincial treasury," said Nehawu.

"We call for an investigation on the prevalence of "tenderpreneurship" in the Western Cape and all DA led municipalities."

Proper governance and financial management principles had been neglected in the tender, it said.

In her letter, Zille dismissed calls for her resignation as "normal political posturing" as no corruption had been found.

She and Madonsela would meet this week to discuss the report, she said.

Comments
  • Tsotsi-Baby - 2012-05-13 23:07

    Lol..how predictable.Zille its time to step down as you promised...recall? I knew it that this premier is a trickster. #Power to the people

      bernpm - 2012-05-13 23:16

      The "baby" in your comment overwrites the "tsotsi". Wishing you well.

      Alison - 2012-05-13 23:34

      No report has been issued from the office of the public protector. A leak of a draft report from an unknown source is barely grounds for a call to step down. Oh, is she a trickster? My dear Tsotsi-Baby, how I wish you would take some time to educate yourself before commenting. It shows your ignorance. Next time think first, then think again, then write.

      Jason - 2012-05-14 05:48

      99% of all tenders in ANC run provinces involve backhands.

      Sonja - 2012-05-14 06:59

      the tender was flawed, because it wasnt done the cANCer way - backhands, kickbacks, theft, incompetence. #Power to the DA

      Tony - 2012-05-14 07:52

      The Leader of the cunning DA has slipped up and now the supporters are embarrassed - please don't be embarrassed because all political parties are corrupt in porportion to the number of people they represent i.e. DA will become more corrupt as their numbers increase.The ANC therefore remains the best Party to support as it shares it spoils with the masses unlike the DA. Just look who are the beneficiaries of its communication tender - only whites. The DA hates blacks - we will remain refugees in the eyes of the DA.

      Fussed - 2012-05-14 07:53

      @ Tsotsi-Baby, Rather let people think you are stupid, than open your mouth and confirm it

      Marion - 2012-05-14 08:29

      @Tsotsi-Baby - From what I have read there are 'irregularities' and not 'corruption' insofar as this contract goes - and we were aware of those findings last year already. If true that there is corruption, then Helen Zille must resign as she said she would. If there are 'irregularities' and no proof of corruption, then the DA should follow the recommendations of Thuli. That said, I am concerned about the fact that, according to IOL report, Helen apparently "... disputed several “findings” in the interim report and threatened to challenge these in the High Court unless they were excised from Madonsela’s final report, due out at the end of the month." If that statement is correct it smacks of arrogance in my opinion. Now I'll probably get a million thumbs down and/or have my comment reported. *sighs*

      Keith - 2012-05-14 09:28

      @Tsotsi-Baby Bit premature in that comment. Back to school for you "draft" documents dimwit.ANC, Public protector and NEHAWU will have egg on their face shortly. How can you leak a document with such bad irregularities in it, as usual amateur hour at the ANC

      Keith - 2012-05-14 09:29

      @Tony, Lay off the crack brother.

      Tsotsi-Baby - 2012-05-14 09:36

      @Jason why don't you report them to the PP?

      Matthew - 2012-05-14 14:55

      @Tony. Why dont you go live in China.Comunist like yourself would fit in well there. You have been blinded and brainwashed if you think that 1.DA hates black people (get over yourself,really now.bringing up the past has no more effect) and 2. I dont know what you're smoking,but send some my way. Cause if you for second think that all the ANC leaders and captain Shower-Head share all the money that they take/steal from everyone,including you!,and make sure everyone gets their fair share,then you're way to far gone.same as the majority of america was brainwashed by bush.same thing here with you and your ANC.brainwashed.quite sad. DA is not perfect,but they're sure as hell better than the ANC (lesser of 2 evils)

      Khehla - 2012-05-14 15:13

      Your view is correct@Tsotsi Madam must not make promises and not fullfil

  • WhiteNut - 2012-05-13 23:07

    In short, if the final report implicates you/ does not find in your favor, you will go to th high court!! Why are jumping th gun ma'm?

      Gieljam - 2012-05-14 07:53

      She would never jump a gun to decent for that The yealous callous opponents with their long swords are out to try and topple her but if she leaves the situation will deteriate as to all else and many will grieve.

      Keith - 2012-05-14 09:31

      Not jumping the gun there my friend, getting all the facts proof and substantiated argument in place if the need arrives. She will then only take it to court if she needs to.

      Ashley - 2012-05-14 11:14

      I mean this is ridiculous. I am a staunch DA supporter, and I work in the AD industry, and this little debacle is actually true, not the right channels were followed....oh dear, wonder if the R70million contract also includes PR, as they need it badly now

      Saleé - 2012-05-14 12:38

      @Ashley, what was that again? You work where; and what happened?

      Ashley - 2012-05-14 12:52

      @Salee, have you been following this story since last year?? Suggest you do, then read my comment again.

      Khehla - 2012-05-14 15:16

      Exactly, why canvas court when the corruption is an administrative matter, Please Premier own-up

      Saleé - 2012-05-14 16:20

      @Ashley, you suggest I should follow this story since last year"? Just joking, Ashley. Seriously though, are you saying the the provisional findings are correct?

  • tobydt - 2012-05-13 23:09

    "The National Education, Health and Allied Workers' Union called for Zille's resignation." LOL, strange though, we never hear this biach calling for an ANC top dawg resignation when they are involved in tenders.

      siyadyosiba - 2012-05-14 00:14

      aren't they calling for the promise made by HZ herself? I know they are prematurely requesting her resignation because there is no corruption found in the deal as yet. I say we should let the processes unfold, if the final report retains the findings, there must be a full corruption investigation. If the investigation proves that there is corruption, YES Zille must resign as she promise would if any corruption is found in her leadership.

      Jean - 2012-05-14 06:43

      OMG they never did find any corruption... PP even agreed upon that!!!

      tobydt - 2012-05-14 07:35

      siyadyosiba - And if no corruption is found? Then you have to switch parties, allright?

      Marion - 2012-05-14 08:56

      @Sinudeity - how do you know who siyadyosiba supports politically?

      richard.hipkin - 2012-05-14 09:06

      @Siya, she said if there was corruption she would resign. there is no corruption... In fact there is no law saying that what she did was wrong. This is a prelimary report given to the DA in order for them to fix what is found to be wrong. This is the report that was "leaked", there is no wrong in what the DA were doing. Of course the haters are gonna hate.

  • sven.gohre - 2012-05-13 23:13

    There is a vast difference between corruption and administrative oversight. When is the National Health and Allied Workers union going to call for the resignation of one Jacob Zuma for overseeing the theft of R30 Billion in the past financial year and who knows how much since he came to power. If there had been any form of corruption I would be calling for the DA to fire all those that were responsible.

  • Lotus - 2012-05-13 23:15

    Wasn't the bheki cele saga also about irregular tender procurement too?and arrent people people generally not aloowed or excused from acting as advisers if there is conflict of interest involved?I believe the public protector is not dumb enough to slam a process as unlawful if no irregularities were found.

      Peter - 2012-05-14 07:45

      I guess "Generally" doesnt apply to the ANC then hey

  • Mphotent - 2012-05-13 23:36

    I am proud passionate ANC follower for now, however, I do acknowledge and commend Cde Zille's intelligence and strength. \r\n\r\nThis cde is the future of this land despite her birth race. I personally don't see her as a racist but a representative of all tribes and nations. I admire her principles on good governance and truth, personally wouldn't mind voting for her party for I know its my right to do so and to remove her by means of same voting method should I not be pleased with her. Cde ANC get your point str8.

      Keith - 2012-05-14 09:34

      Wow a very interesting outlook by an ANC follower. Nice to see

      Jacqui - 2012-05-14 11:37

      Mphotent, despite her birth race?. But I am glad you can look pass the colour of her skin. You have given it a lot of thought and congratulations,

  • zybt99 - 2012-05-13 23:51

    The DA is turning this country into a judicial \democracy\. Every report that has come out so far has been accepted and followed. But now that one is against it we hear of flaws. Funny how not so long ago the same DA was praising the public protector. Now it seems she makes flaws (but only on DA specific issues). From what i have seen of the report there is a lot wrong in th WC supply chain management. #que the peanut gallery with no information to dislike this comment#

      john.tserema - 2012-05-14 05:39

      Y is zile so defensive or she wants to critize not to b,she thouight DA is a perfect jewel now she is caught

      Peter - 2012-05-14 07:41

      @john.tserema so if we can call the DA an imperfect jewel i guess we can call the ANC a perfect piece of Sh*t

      Peter - 2012-05-14 07:46

      @zybt99 - Rather a judicial democracy than a Dictatorship under the ANC

  • Lotus - 2012-05-13 23:52

    Read this article,its much more disturbing than the news24 article. And in another article zille did say she would resign if any corruption was found.no wonder nehawu asked her to step down,but she won't mention that cape times interview will she?http://www.timeslive.co.za/politics/2011/08/14/da-aides-in-contract-row

      Marion - 2012-05-14 08:32

      @Lotus - is this the same union (nehawu) that is threatening to prevent the DA from marching to COSATU offices to hand over a memorandum? Unions can march. ANC can march. ANCYL can march. God forbid the DA can march without being obstructed by the unions. That would be too democratic.

      Marion - 2012-05-14 08:32

      That said, I found the report on IOL to be more detailed than this and what I saw there was disturbing.

      Lotus - 2012-05-14 09:11

      Marion don't get side tracked. This story is about tender procurement irregularities,and the da is accused of the same charges at the police chief cele saga,and much more funds are involved in this case. Political parties and unions will have their battles and frankly I'm not interested in that. What is shocking is that people are willing to overlook such disturbing cases because they are from one party not the other.I pay close to 10 000 in taxes monthly and if someone is going to do some under the table business with state funds,whether the president or ryan coetzee and his buddies,I want to know about and I want something to be done about it.

      Lotus - 2012-05-14 09:15

      And am not exactly what the dislikes for my comment are for?down finger for disagreeing with archives, or with bringing them back to memory?

      Marion - 2012-05-14 09:40

      @Lotus - the article you quoted was from last year. That is when Helen said she would resign if corruption was found. Unless Thuli's report states that corruption was found then she doesn't need to resign but the DA need to cancel the contract if that is Thuli's recommendation. You appear to support NEHAWU's calls for her resignation and I was just trying to point out that NEHAWU are not too wonderful themselves.

      Lotus - 2012-05-14 09:51

      You know what marion,you are right,we should wait and see the full report. I have a full trust in the public protectors autonomy,and will see if the da does not take her to court and ask for another independent investigation.

      Marion - 2012-05-14 10:01

      @Lotus - I voted for the DA in the last election but I will not blindly agree with everything they do or say. To do that does not serve the interests of the country in my opinion.

      Lotus - 2012-05-14 10:11

      It's sad really. We all agree that corruption is bad and we don't want it but unfortunately most of our political parties have a hand in it.now,instead of discussing as a people how our budget should be allocated,our stance on certain economic issues,health care budgets etc,we are left in the african abyss of point fingures and asking who is more corrupt and who is not.I will pray for a south africa where if a slightest hint of irregularity is suspected,the person in discussion is put off his duties and enquiries are made. It is sad that one day we will look back and see how much money we have wasted on greed, pride, racism etc.politicians are forgetting why we vote for them in power,to minister,which has the same origins as the word serve. Now all they are doing is serving themselves. I wonder where the solution would come from.

      Jacqui - 2012-05-14 11:39

      Lotus, yes and if and WHEN corruption is found she will resign. She's not two faced like your ANC lilly livers.

  • cmathibedi - 2012-05-13 23:58

    Lets not talk too much we must wait for The Public Protector.

      Dee - 2012-05-14 00:11

      Sensible. A leaked draft is not a final report. It is a time of very dirty politics. We all need to keep clear heads.

      siyadyosiba - 2012-05-14 00:53

      @Dee, now DA must get used to implications and effects of "leaking information". One factor that drove the ANC to go for the info bill was exactly that. Sensitive information that is not yet supposed to be in the eyes of the public get leaked deliberately to destroy other people.

      Dee - 2012-05-14 02:56

      Siyadyosiba - I 100% agree that irresponsible & premature public reporting should not be tolerated. But I would not like either DA, ANC, or any other political party be able to classify whatever they please as 'Secret' and then be able to prosecute whislteblowers.

      Keith - 2012-05-14 09:37

      @siyadyosiba. I think ol Helen has dealt very well with the leaked information.

  • siyadyosiba - 2012-05-14 00:17

    I think it is important to let the PP finish and finalise their report. If the final report retains the current findings, then there must be a full corruption investigation. If the investigation reveals corruption on the part of DA officials, then Zille must hold up to her promise and resign.

      Saleé - 2012-05-14 01:10

      As they say, let us wait and see...

      Junebugg - 2012-05-14 09:25

      The Madam must never resign till Jacob Zuma resigns and couple of his cronies in Government

      Marion - 2012-05-14 09:44

      @siyadyosiba - I am not sure how the PP office works but I am sure there are legal eagles who investigate and advise her and then she makes a finding based on that. They have been investigating this for approx one year so surely they would have uncovered corruption, if there is any, by now?

      richard.hipkin - 2012-05-14 09:54

      Siya, there is NO EVIDENCE OF CORRUPTION even in this leaked report...*sigh* You scratching in the dirt looking for something that is not there.

      siyadyosiba - 2012-05-14 10:23

      @Marion. the PP's mandate is to uncover maladministration, abuse of power and prejudicial conduct by the state. If you look carefully on these three, they are all not criminal offenses. In essence, they are there to ensure that all prescripts that regulate the public departments are followed. They have internal legal practitioners who assist in these investigations. If they find that one or many of the three has been committed, they then issue a report to the Director General and Minister telling them about the findings and their recommendations. Now the onus lies with the department's leadership to pursue criminal investigation (with the help of SIU or Hawks or Police) and lay charges or not against those implicated. That is how the PP operates. They don't dig deep on your personal life, check your bank accounts, your family's, friend's, who you interact with etc. That is why when they do investigations, they are depended on the cooperation from departments, conduct interviews, request documents etc.

  • Mlungisi Mazibuko - 2012-05-14 03:06

    jah ne, DA and its followers!!!

      Jean - 2012-05-14 06:59

      So rich coming from you!!! When the DA passes your anc's corrupt ways then you can stand on you box and shout until then go to your corner shut up!!

      tobydt - 2012-05-14 07:37

      Ja ne, ANC and its followers :P

      Marion - 2012-05-14 09:48

      @Jean - supporting the DA blindly are you? This is about an investigation into DA activities, not ANC.

  • Saleé - 2012-05-14 03:11

    The more I think about this, the more disappointed I am with Zille and some of the comments. Good governance and proper process are extremely important; and are the last firewall against corruption. Even if the intention to be corrupt were present (which can never be ruled out), if process is adhered to at all times, there will not be an opportunity for corruption to take root. Humans are corruptible. Hence the need for good governance. While the PP may not have found any evidence of corruption against the DA (at this stage, anyway), there has been a lack of good governance and adherence to process. Now, instead of pushing for this glaring omission to be addressed, some people on this site argue that this is minor, particularly in comparison to what the ANC does. That may (or may not) be, but it is besides the point. The point is the DA wishes to be seen as an alternative to the ANC. But now, an indirect message is in the process of being communicated that there is something called "minor dirt" which, for as long as is on the DA, will be tolerated. The DA itself will rather focus on challenging the legality of some of the PP's findings and in the process, miss the opportunity to emphasise the need for good, clean governance at all times,as well as the need for integrity in procurement systems.Now, how can such an approach to an adverse finding (albeit a leaked one) by the PP i.r.o. clean governance be the makings of an anti-corruption champion?Corruption thrives in minor dirt

      olerilwe.mosiane - 2012-05-14 06:09

      good 1 saleè.give dis woman a bell's.i want to recruit u to my ANC.

      Jean - 2012-05-14 06:32

      You people and you're bells, one person says it now its the trend to follow! Ya'll are such losers!!! And salee I'm a big fan of the PP but if a document was leaked isn't that also a sign of minor dirt!!! Zille will act on those irregularities but to call for contract to be cancelled that will waste more money is a bit much!!

      Peter - 2012-05-14 07:52

      What do you mean its besides the point?! The ANC is caught with its hand in the cookie jar 90% of the time, the DA gets "Accused" of doing it and you have the nerve to criticize the DA. SO you would rather follow the ANC blindly. The country will never get better because people like you are to blind to see the truth. A few months before elections with the ANC fighting amongst themselves you dont find it at all suspicious that this comes to light 2 years after the tender is awarded. All i can say is i wish i was so naive

      Marion - 2012-05-14 09:05

      @Peter - no DA supporter should be adamant that the DA cannot do anything wrong. Because they can. To blindly follow the DA is something I will never do. I will support them when I believe they are unfairly criticized but I will also voice my displeasure when they are found to have done something wrong or act in a manner I disagree with. Just as I do with the ANC or any other political party (not that many of them ever make the news).

      Saleé - 2012-05-14 09:34

      @Peter, criticising the DA does not automatically amount to blindly supporting the ANC. In fact, it amounts to NOT blindly supporting the DA or any other party. You should try that.

      Peter - 2012-05-14 10:08

      @Marion - I am not adamant that they do no wrong, i have every reason to believe they do make mistakes. But for people to come here and criticize so quickly without even thinking for themselves "Hmmm this is a draft, this has no been released by the PP and this was leaked" tends to make me think that there are no grounds for any kind of critique from anyone unless you are going to criticize the PP for mismanagement or negligence since it should never have happened. Innocent until proven guilty if its aloud for all the ANC officials i dont see why Zille shouldnt get the same treatment. Its a few months before elections and to think this is not a smear campaign im sorry but to me that makes anyone who actually believes this "Draft" report a bit naive. Until there are actual facts my statement stands to be corrected

      Peter - 2012-05-14 10:11

      @Saleé - I dont blindly follow any party, i blindly follow proof and facts. I also apply logic. FACT the ANC has been shown to be corrupt. FACT this "Draft", leaked, report has no evidence and is there for not substantial proof to prove that the DA is corrupt. Apply some logic, you should try that

      Saleé - 2012-05-14 10:39

      @Peter - once you show me where I said the report shows the DA to be corrupt, we can reconvene. In the meantime, I think yo are going off on a tangent; and I am not about to follow you there.

  • Billy - 2012-05-14 03:48

    so she purposely looked for flaws and a found a technicality, sounds like something a despirate lawyer would do. good work that she was able to find something like that i suppose. who keeps on eye on the motives/motivation of the public protector? does seem a bit like political whoohaa before a big clash.

      Saleé - 2012-05-14 04:24

      Maladministration is not a technicality. It's the same stuff we had on Cele. Does your mind allow you to remember? Come to think of it, outright corruption is not something that is normally found as part of the PP's investigations. Do you know when the last time was that the PP made a finding of outright corruption? How often does this happen, as against findings of maladministration and improper conduct? Corruption findings require evidence of an INTENTION to corrupt or to be corrupted. Not easy if you are not a court of law; and if you do not have the benefit of proper cross-examination and the like. In light of that, findings of maladministration by the PP must be taken seriously. They are the closest the PP can get to findings of outright corruption. In any case, maladministration is the big slide towards corruption or the sustenance of it. Having said that, side-comment: the inconsistency on this site is getting a tad embarrassing.

      Saleé - 2012-05-14 05:32

      For the sake of completeness, to answer your question; the "motives/motivation" of the PP (as you put it) are overseen by the constitution, the highest law of the land. The office of the PP did not fall from outer space like a meteorite. The office is established in terms of the constitution.

      Adam - 2012-05-14 06:20

      Zuma is a free man because of a "technicality."

      Saleé - 2012-05-14 09:29

      @Adam, I am sure the DA is perfectly capable of being assessed without reference to Zuma. If the ANC and Zuma are the DA's standard, then the DA might as well say: "vote for us because we are marginally better than the ANC." The party should be able to mention its own name without also mentioning that of the ANC all the time. The party is called "the DA", not the "anti-ANC".

      Lotus - 2012-05-14 09:40

      Nice comment salee!its good to hear people giving factual information rather emotional childish reasoning!how can maladminstration be a non-issue?while its the very same reason that the country is haemorhaging billions to questionable tenders?da supporters must just leave their emotions aside and deal with the issues at hand!they're acting like a bunch of children holding on to the idea that father christmas exist!it is called corruption in lay mens terms, but comes in different forms: chronism,nepotism,not following clearly outlined guidelines,exclusion of certain stake holders,improper advertising,maladministration. Its never a petty overlook,it is always a slippery slope and we must acknowledge it and punish the perpetrators,da,anc,cope,ifp it does not matter

      Lotus - 2012-05-14 09:41

      And it was the public who asked her to investigate not another political party!

      Keith - 2012-05-14 09:53

      @Salee Where is the maladministration, from the report there are irregularities implying maladministration, if the these are indeed irregular then surely there is no maladministration? I think whoever wrote this report did it haste and was under pressure from who knows where and this will be proven. After listening to Zille this morning she was quietly confident and was positive mistakes have been made, she has every opportunity to prove this, if she is wrong she will resign and she reiterated it again today. Lets let the process run and see what comes out the other side. Wish the other side would do the same.

      Marion - 2012-05-14 10:08

      @Keith - "Maladministration is a political term which describes the actions of a government body which can be seen as causing an injustice." If this tender/contract process is considered to be causing injustice then the DA needs to cancel the contract if that is the recommendation from Thuli. Corruption is still to be proven and, if found, she must resign.

      Keith - 2012-05-14 10:14

      @Marion, I understand don't worry was asking Salee where the maladministration is if Zille is half way to proving its doesn't exist? Just the fact with the PP reports irregularities she will come out clean as a whistle I believe

      Peter - 2012-05-14 10:15

      @Lotus - What factual information? The document was leaked and was a draft. Where are the facts in that? They could all be made up for all we know.

      Lotus - 2012-05-14 10:42

      @ peter of course I'm not talking about the supposedly leaked article.I've never seen it. I'm talking about what maladministration and corruption is,as salee has so thoroughly informed us.

      Saleé - 2012-05-14 11:12

      @Keith - the point that you are making is that we need to wait for the final report. I am not against that. In fact, I support it. What I am against are suggestions that maladministration is something to be trivialised. I am also against Zille's pre-emptive response to the adverse finding, be it maladministration or, as you say, "irregularities" - the difference to be debated another day. If Zille is quietly confident, then there is no need to threaten court action before the finalisation of the report. What is with the nerves? She does have an opportunity to engage the PP before the document is finalised. That said, the fact that the document was leaked does need to be looked into. The Cele report was leaked too, by the way. See here - http://bit.ly/L0uG9o - that is a concern. Saying a report is half-useless because it is in draft, one second and threatening court action the next is just a "messy" way to state your case. Even worse, it tells your own "naughty" party members that dirt will be tolerated. The villain is the PP, suddenly, and not the DA's party advisors, who could have done a better job. Quietly confident people wait things out. They do not run around making threats.

      Saleé - 2012-05-14 11:28

      @Peter, I think you are far from understanding what I am saying. I already have used full paragraphs to state my position. If you are interested, read my arguments again. If not, well, that would explain why your responses are so far off the mark.

      Saleé - 2012-05-14 11:43

      @Lotus - looks like people would rather be defensive, even though there is no real attack.

      Marion - 2012-05-14 11:45

      @Salee - I think the Siceka report was also leaked, and in respect of all these leaks the office of the PP needs to investigate/be investigated to find the culprit(s) - it is not as if this information is not going to be made public when the reports are finalized. In all my years in the corporate sector I knew that confidential was confidential and that even if my best friend was mentioned in any way I could not divulge the information. What has happened to the work ethic? This leaked report is not the work of a whistleblower, it is the work of a s**t stirrer.

      Keith - 2012-05-14 12:16

      @ Salee, I am not sure she threatened court action she stated that it is there if she needs it. In her interview my understanding is that after the meeting on Thursday the irregularities may be cleared and if the PP draft is not rectified it will have to go to court. I tend to believe she may be onto something as it is not the first time that the person who wrote this report has made these errors. Lets see

      Saleé - 2012-05-14 12:19

      @Keith - fair comment.

      Saleé - 2012-05-14 12:54

      @Marion - true - this should not be happening. Considering that the subjects of these investigations have got the right to comment on the drafts before they are finalised, the constant leaks could be/are a rights issue. A bit of an irony that this is happening in the office of the public protector. Having said that, this could be a case of theft from the inside (as opposed to bad processes), in which case the PP must show that it has taken all reasonable steps to guard against it. But then the enquiry shouldn't end there. The PP must then look at its hiring processes, as well as the type of people that it hires in its office. The question is, why are confidential documents not handled confidentially?

  • ziphok1 - 2012-05-14 05:06

    Its funny that some of ANC members are calling for Zille resignation. Even if its state she was not involved. And for DA supporters you start to sound like ANC now.

      Saleé - 2012-05-14 05:36

      Ziphok1, it is Hellen Zille that said she would resign if a finding of corruption was made against her administration. This is where the calls for her resignation come from. Having said that, no finding of corruption has been made yet. However, for me, this is not the issue. The issue is how she responds to and deals with a finding of maladministration, which is likely to be made once the report is finalised.

      Marion - 2012-05-14 10:10

      @Salee - Well said Salee. I find it disheartening that she is apparently threatening to go to court over the matter.

      siyadyosiba - 2012-05-14 10:43

      @Marion, she is already pulling a defense stance. She actually will make things worse for her and DA. If she goes to court and the court rules against her, she will be finished. DA will be labelled irresponsible defensive hypocrites. She really has to do her calculations very well.

      Saleé - 2012-05-14 11:23

      @Marion - and this is one of the biggest gripes that I have with her response.

  • Bokkie - 2012-05-14 05:08

    DA will take the public protecter to court but President Zuma acted on the recommendations made by the public protecter fired the minister and suspended the police commissioner,DA be defensive because you know very well that the western cape high court will help clear your name.Amandla!!!ANC!!!!

      Peter - 2012-05-14 07:55

      They going to court to prove themselves innocent unlike that of the ANC who admit their corruption and just move the corrupt to another position to protect that person so they can keep stealing your money. Amandla to your idiotic understanding of the world

  • kobus.hattingh.5 - 2012-05-14 05:24

    Zille has become bigger than her party. Time she comes down to earth and when she reaches earth, she should resign also. Madonsela for President !

      TaniaSandraSteyn - 2012-05-14 05:59

      I think you may be thinking too much. That is my opinion. Would you prefer her to keep her mouth shut, because she is DA? It is the oppositions' job to highlight the flaws in current governance. This story was concluded/corrupted/sidelined a long time ago. It is obviaaas that the ANC is rattling every skeleton in the closet to retain their power.They should be careful: the pot calling the kettle black is an over-used strategy. Only the uninformed may be fooled. Oh Wait! What did I just say?

      Jean - 2012-05-14 06:57

      If Zille should resign then you must make your existence unknown please kobus... She shows all the qualities of an amazing leader, you don't get where she is without having a big mouth, I trust her judgment and decisions, she knows the law better than zuma himself and if it comes down to serious irregularity she will act!!!

  • Ian - 2012-05-14 05:59

    The reason why DA has some black followers is because the ANC have failed them. It is not that DA represent their aspirations. This is evident in the workplace where you only feel you are a South African outside the gates. Once you are inside the workplace white people are racist (some subtle) and treat black people you will like a foreigner. We only feel in charge in the streets. But you talk good english and have gone mixed schools, they turn to like you even though they still regard you as inferior (e.g. Lindiwe Mazibuko). I do not think a right minded black person will support the DA. Black people are just numbers in DA.

      Mark - 2012-05-14 06:21

      Are black people not just numbers in the ANC considering most of the non-educated people are where the ANC gets their votes from? I actually think black people who have joined the DA are people that are thinking - not people waiting for a fictional Messiah to come along and provide them with wealth.

      zybt99 - 2012-05-14 06:49

      @Mark. Believe it or not ther are more educated black people than there white in SA. The problem is there is no viable alternative. The experiences people go through at work leads them away from white rule. Also the DA missed a golden opportunity when it made the WC cabinet white male dominated. All this did was leave black people thinking here we go again...

      Saleé - 2012-05-14 09:46

      @Mark, will the DA reject votes from the so-called "uneducated"?

      richard.hipkin - 2012-05-14 09:57

      @zybt99, and when I look at our KZN cabinet it is 99% black, what is your point?

  • olerilwe.mosiane - 2012-05-14 05:59

    it doesn't rain but pours for MADAM(ZILLE)and her PATHETIC PARTY(DA).IF IT'S NOT RACISM IT'S CORRUPTION.ARE THEY COPYCATS?LOL!!!WHATEVER MY ANC DOES THEY DO IT WITH FLYING COLOURS.IT'S A PITY MY ANC DOESN'T DO RACISM.I WONDER WHERE DO THEY GET THIS BAD BEHAVIOR?LOL!!!FROM THEIR FOREFATHERS OF CAUSE.AN APPLE DOES FALL FAR 4RM THE TREE

      Jean - 2012-05-14 06:18

      Yeah you didn't read the article? You stupid boy!

      Stlouis Heidtmann - 2012-05-14 06:22

      there is no corruption you moron and your anc is more racist than awb to hell with anc

      olerilwe.mosiane - 2012-05-14 06:36

      jean and stlouis hold your horses boys.reports being leaked that condemns the anc government,and you and your pathetic party(da)has being pointing your filthy fingers at the ANC.REMEMBER THE ZUMA RAPE CASE,LABELING THE MAN A RAPISTS EVEN IF THE COURT CLEARED HIM.YOUR PATHETIC MORONS

      IcemanGP - 2012-05-14 06:47

      Shame, feel so sorry for you. Defending your cANCer, not racist, yeah rite!

      Jean - 2012-05-14 07:15

      Mosiana, again go read the flippen article and you will see NO corruption was found, DA and the PP agreed... I can at least say my leader has the best province in SA, best provincial gov, has been more successful in running a province than anc, was mayor of the year in 2008 in the world, yours has corrupt cases, rape cases, womanizing ways behind his name so the only moron here is still you!!!

      Keith - 2012-05-14 09:58

      you are an ignorant moron. Do some research on where Zille came from and what she has done in her life particularly towards freedom in this country which is often forgotten. You are a typical person with no argument at all so once again the race card is pulled. Grow up educate yourself before you post comments on a public forum.

  • georgebrightons - 2012-05-14 06:21

    In the meantime Zille must step aside and deal with the matter legally. The National Intervention Task Team must go to Western Cape to start investigations. The public must know what is going on in W.Cape hence she accuses Black people of corruption. We expect Zille to co-operate fully with her investigations, failure to comply we need to stage a protest march about corruption and racism in DA countrywide.

      IcemanGP - 2012-05-14 06:58

      HahaHaha George, i can jus picture you rubbing your hands with glee. Thinking to yourself that she is 'busted'. Shame, yet your cANCer is a million, oops, meant a billion fold more corrupt.

      Bless Boswell - 2012-05-14 07:10

      How about we stage a protest about the corruption in the ANC? It's now way overdue. How about we stage a protest about service delivery? How about we stage a protest about the disgraceful state our cities and towns are in. let the ANC carry on, they are drowning in their own greed - and now that it's very evident and visible they want to encourage white membership? Dream some more ...

      goodman.segage - 2012-05-14 07:30

      She must step down to respect her promise. The mother of corruption watch is at it again, reall shocking!! The truth can never be hidden, these are what will see time and time, if they are in power. I know those who promote racism and who don't condemn corruption if certain group/ race is involved will Down thump me. Watch...

      Keith - 2012-05-14 10:02

      Not once has Zille accused "Black" people for corruption> The ANC yes she has, ids the ANC completely black, wow wouldn't that be the same as calling the "Racist" DA white? A case of fingers faster than the brain there numb nuts!!!

  • IcemanGP - 2012-05-14 06:51

    Notice cANCer is quick to scream for heads to roll while their own house drowns in corruption, legal racism and blind theft of public funds. So pathetic, think kindergarten's are better behaved.

  • Mokhoaetsi - 2012-05-14 07:13

    oh hey i ddnt c ds comin they also corrupt and racist on top of that dnt andrstand blacks hu voting 4 ds DA

      Peter - 2012-05-14 07:58

      @Mokhoaetsi - Funny isnt it considering we already knew that the ANC was racist and corrupt, oh wait but this isnt finalized so the DA isnt proven corrput because your a moron and dont understand how to read

      Keith - 2012-05-14 10:05

      Why are they racist? Have you checked out how the constituents are spread across all races, just because the leader is white they are racist? pathetic argument there. Another one with the only the Racist card in their deck, I have 4 aces and they different colour you clown.

  • itumeleng.tshatiwa - 2012-05-14 07:14

    Indeed Madonsela's preliminary report is legally flawed...this is just another political tool used to silence Zille as she's always there to fearlessly critize the corrupt anc officials

      Keith - 2012-05-14 10:06

      Round of applause

      grant.hide - 2012-05-14 10:47

      CANCER can be beaten.

      siyadyosiba - 2012-05-14 11:00

      Interesting claim there Itu. Where are you basing it from?

  • Africanism - 2012-05-14 07:22

    Da's chances of governing the country in 3 decades time are ruined by corrupt afrikaners in the cape,ANC borrowed you the black vote now they must come back home.

      tobydt - 2012-05-14 07:41

      The ANC will die in a few years time, dont worry. Its funny how the party will peg a few years after its centenary.

      Peter - 2012-05-14 08:00

      You are a racist fool, any black person that votes for DA is far more educated than you and your EC educated ANC supporters. Good riddance we dont need idiots like you in the party that are too naive to understand the world

  • Hudayfah - 2012-05-14 07:23

    I think reading the full newsletter opens the way for better judgement. It seems that there is agreement from all sides that there was no corruption involved. The only issue the public protector felt was a problem is that two personal advisors to Hellen Zille was involved in the BEC. It also states that one of these two was in support of another company getting the tender. There are still no evidence to show anyone of them is somehow linked to the company or benefitted in anyway. The final report of the public protector is eagerly awaited though. One of the two groups fighting here in the comments will be left red faced. It will be interesting to see who.

      grant.hide - 2012-05-14 10:57

      Definitely not the DA. Corruption in DA, unheard of and quite unlikely. DA have set the example of clean no corruption leading. You fools are so mislead, CANCER has 80% of the countries wealth, if you are starving or lacking services, it's because of them, Not the DA. Which place has DA lead that is under administration, none. Which DA member has blue light killed someone, or left them brain damaged? Which DA member has bought himself Flashy cars for his wife and families friends, not the DA. VOTE DA.

  • goodman.segage - 2012-05-14 07:37

    She and her male dominance are corrupt! What's confusing me is that she was pushin her hatred and frustration in the name of fighting corruptio against the current national leaders. She's using wrong tool, the same tool has hidden in her office. Thanks to ma'am Thuli once again! Whoever is corrupt even me, should be dealt with. Corruption is not from racial group, but greedy officials(private or public).

      IcemanGP - 2012-05-14 07:57

      You are so childish.

      grant.hide - 2012-05-14 11:01

      And you think we will let you loot our belongings? Go back to Zim.

  • Tony - 2012-05-14 08:01

    The Leader of the cunning DA has slipped up and now the supporters are embarrassed - please don't be embarrassed because all political parties are corrupt in porportion to the number of people they represent i.e. DA will become more corrupt as their numbers increase.The ANC therefore remains the best Party to support as it shares it spoils with the masses unlike the DA. Just look who are the beneficiaries of its communication tender - only whites. The DA hates blacks - we will remain refugees in the eyes of the DA.

      Marion - 2012-05-14 10:20

      @Tony - please explain what you mean by 'shares it spoils with the masses'.

      grant.hide - 2012-05-14 11:04

      I'd be a millionaire for every time corruption charges are brought upon the CANCER and proven. This case has not even been closed and there is no evidence of foul play you fool.

      grant.hide - 2012-05-14 11:05

      DA has more blacks in it than whites, are you color blind when it suits you? Seems like it.

  • Antwahn - 2012-05-14 08:13

    Look at the positive side of the ANC's neurotic hair-splitting, fault-finding blather. (If you happen to live in the WC that is.) This will peter out and the DA will be vindicated. The ANC will continue to smear their own name with shyte due to the mega billion theft they practice. And the DA is kept squeaky clean, with the jealous ANC frack-ups looking closely over their shoulder. Good for the DA, good for the WC. ANC hates it that you cannot be thieving morons AND run a country properly at the same time.

  • Vaughan - 2012-05-14 08:23

    She said she would step down if there was corruption involved. The public protector found there was no corruption. I best part of this whole blow up is that the public protector has gone into hiding, no one can find her. But then again I would too if I had released a half baked report that points out facts that are irrelivant to the matter at hand.

      Marion - 2012-05-14 10:21

      @Vaughan - If she's gone into hiding why is she meeting with Helen Zille on Tuesday?

      Saleé - 2012-05-14 14:24

      @Vaughan - the report was not released. The report was leaked. What is it with South Africans and their inability to respect public institutions if they decide against them? There's a lot of uneducated graduates in SA, it appears.

  • Knowlegde - 2012-05-14 09:03

    The reason for “Invalid” proclamation by public protector cited on the preliminary report is the participation of two special advisers during the bid evaluation process. No corruption and/or political interference have been alluded to. This is just a technical issue other than corruption unless there are other is issues still to be brought to light by the final report. My feeling is that the media prematurely over emphasized the “invalid” part as if it was a final proclamation by the public protector. In my knowledge, the “invalidity” is usually a proposed recommendation by the Public protector. Then the party involved responds and give reasons why it does not agree with such recommendation. The party will also highlight on issues the public protector omitted, as she has done regarding the advisers, I quote “There was no clause in the Constitution, the Public Finance Management Act, the Treasury Regulations, or the Accounting Officer’s System that explicitly or implicitly prohibited the involvement of special advisers in the bid evaluation process”, end quote. So it just unfortunate that this preliminary report leaked to the media and now too many conjectures and conclusions are drawn from it. Fortunately, this is not guilty of corruption but a technical issue that can be justified on legal ground(s), if any.

      Keith - 2012-05-14 10:09

      100% Correct. According to Zille one of the advisors was favouring a competing bidder not the one that got the contract. Puts more pains to the PP report.

  • Blixum - 2012-05-14 09:05

    Nehawu. Shame. Typical anc propoganda. What has nehawu got to do with communications?? Are they now standing in for malema? Stay focussed on education!

  • curbylee1 - 2012-05-14 09:38

    I believe all parties to be corrupt, or then. ?most....Iam sure there are corruption in the DA....Its just hidden very well..We will some day find it to be true....I hope not so....but I am not convinced.....Let the people Rule.....

  • curbylee1 - 2012-05-14 09:43

    All parties should learn from the BIble, Ephesians 6. First get your own house in order, so you can protect yourself..So this my message to all parties. Get yours act together, and the people will follow you.

  • Byron - 2012-05-14 10:34

    and the sheep come out to graze bleating in unison chewing the greener grass on the other side - oh dear shepherd we will follow you no matter what who or why and whatever comes up we will divert, deflect, deride those you tell us are worse than you *bleat* *bleat* *bleat* if you say jump we say how high ... if you say run we'll run and fly ... just for a chance ... just for the moment, should the moment pass us by, and if you ask once, we'll vote for you twice, we'll ignore the world's advice, if we could bleat together ... for a while ...

  • grant.hide - 2012-05-14 10:43

    The National Education, Health and Allied Workers' Union called for Zille's resignation. In your dreams, May you find yourselves in a gutter with somebody more intelligent in your positions. You are a disgrace due to the state of education, the health department is a joke and employment is at a staggering 25% you idiots, look in the mirror and resign yourselves.

  • Nick - 2012-05-14 10:48

    So here we go again! Most people reading only certain bits of a story and then making their pronouncements, much like with the FW story last week. Once again, our trusted political commentators - that seem to be wheeled out at every opportunity now to make a pronouncement – have, in my opinion, shown themselves to be wanting. They are the perfect embodiment of the phrase 'in the land of the blind the Cyclops is king'. Clearly a dumbing down is taking place in SA if these are the best that the country can offer. I am sure you can infer who I am referring to.

  • Phillys - 2012-05-14 11:18

    definitely a trashy ANC hand involved in leaking the report early. Tony, Moeggat, Fransarshole and the other band of "liberators" (liberate you of your money, lol!!!) are desperate to pin something, anything, on HZ. Like the faked e-mail saga a few years ago and many since, the troglodytes from the ANC will again have cow excrement on their faces!!!

      Byron - 2012-05-14 11:30

      speaking of trashy, that's a classy retort you compiled there

  • Voiceinthedesert.co.za - 2012-05-14 11:18

    Shame the cANCer is using political tactics now. They will go to any extreme to shut Zille up, she is a thorn in their side. Go Helen Zille you are the last hope of a dwindling democracy. I hope you expose every single instance of corruption until these bastards look like the fools that they are. Lonl live The DA, Long live democracy, long live long live

  • Jacqui - 2012-05-14 11:33

    ANC politics are alwyas dirty. Go get them Helen.

  • Manu - 2012-05-14 13:59

    I find the comments to this story very interesting particularly as it demonstrates that there is no such animal called an "intelligent voter". Most people vote for the party that they are emotionally attached to. From past comments on this site we have been made to believe that the only kind of person who will vote for the anc is a stupid one, because they are not prepared to face up to the indiscretions of the anc. Ironically da supporters now find themselves in the same situation ... and lets be honest it's not like this day was never going to come ... and their response is 'it was just a spot of maladministration and the besides the report was leaked'. Some are even bold enough to declare, 'our party is not corrupt, and will never be corrupt'. How can you know that for a certainty, unless you believe that your party is divinely blessed? What if corruption is found? anc supporters (read the black masses) aren't looking so stupid right now.

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