CAPE TOWN Numerous showers. Cloudy. Cool.

MIN12
MAX14
7 day
  • Wednesday 11-15°c Showers early. Afternoon clouds. Cool. Showers early. Afternoon clouds. Cool.
    Thursday 13-16°c More clouds than sun. Cool. More clouds than sun. Cool.
    Friday 14-16°c a few showers. Breaks of sun late. Cool. a few showers. Breaks of sun late. Cool.
    Saturday 12-18°c Mostly cloudy. Mild. Mostly cloudy. Mild.
    Sunday 13-17°c High level clouds. Mild. High level clouds. Mild.
    Monday 12-16°c Sunny. Cool. Sunny. Cool.
More News

Tlakula concedes misconduct - lawyer

2014-05-02 18:25
Johannesburg - IEC chairperson Pansy Tlakula has conceded in her affidavit that she acted unlawfully, the Electoral Court sitting in the High Court in Johannesburg heard on Friday.

"She has acknowledged that she acted in an unlawful manner," David Unterhalter SC, for various political parties, said.

"She is breaking the law to her own knowledge at the time of the decision."

He said Tlakula knew the law, but still broke it.

"Now that is a very serious misconduct."

The court held an investigation into Tlakula's conduct after an application by some opposition parties to have Tlakula resign ahead of the 7 May elections.

The parties calling for her resignation are the United Democratic Movement, the African Christian Democratic Party, the Congress of the People, Agang SA, and the Economic Freedom Fighters.

Tlakula was not in court on Friday.

The opposition parties want Tlakula to resign, arguing that her integrity has been compromised.

‘Honest mistake’

The application follows a forensic investigation by the National Treasury on the procurement of the Electoral Commission of SA's (IEC) Riverside Office Park building in Centurion, Pretoria.

The probe found the process was neither fair, transparent, nor cost-effective. It also found Tlakula did not give guidance or formally inform various people what was expected of them in the process.

Tlakula has maintained she was not accused of corruption in the report.

The Treasury's report followed a recommendation by Public Protector Thuli Madonsela in her own report into the matter, released in August last year.

On Friday, Unterhalter quoted from the affidavit Tlakula submitted to court at 19:00 on Thursday.

"I did not insist on the process being a full tender process in terms of the commission's policy," Tlakula said in the affidavit.

Unterhalter said Tlakula knew what was required in terms of the law, but chose not to abide by the law.

"If a person chooses not to abide by the law - such a person commits a misconduct," he said.

In her affidavit, Tlakula said her failure to follow certain process was an "honest mistake".

Unterhalter argued that it was not a mistake, but that she deliberately chose not to.

"The one thing she can't say is that she was ignorant," he said.

"The fact of the matter is - if you choose to do something knowing what the law requires, it is not an honest mistake."

Unterhalter also referred to submissions Tlakula made to Parliament, as well as Madonsela's report.

The matter continues.
- SAPA
Read more on: iec  |  pansy tlakula  |  thuli ­madonsela  |  johannesburg  |  elections 2014

More In This Category
DA wants Beaufort West to be 'jewel of the Karoo'

The DA in Beaufort West feels it has a real chance of taking the municipality from the ANC, its mayoral candidate Koos "Jordge" Maloy says.

Fransman heads to court over ANC leadership position

Marius Fransman has approached the Western Cape High Court to intervene in his struggle to regain the position of ANC provincial leader.

The IFP is ready for victory - Buthelezi

IFP President Mangosuthu Buthelezi says the party is preparing for victory at the polls during the upcoming local government elections.

Stop deifying Mandela to promote own interests - Nzimande

People should stop deifying former president Nelson Mandela to promote their own interests, says SA Communist Party general secretary Blade Nzimande.

Comments
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
60 comments
Comments have been closed for this article.
News24 |   OLX  |  PROPERTY24  |  CAREERS24  |  SPREE  |