Oscar Mabuyane and Madikizela get interim relief

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Eastern Cape Premier Oscar Mabuyane. Photo: File
Eastern Cape Premier Oscar Mabuyane. Photo: File


The Bhisho High Court has ruled in favour of Eastern Cape Premier Oscar Mabuyane and MEC of Public Works and Infrastructure Babalo Madikizela, who had made an urgent application to suspend the enforcement of the remedial actions of Public Protector Busisiwe Mkhwebane.

The two politicians, who told the court they would suffer irreparable damage if the remedial actions of the Public Protector are implemented – including an investigation by the Hawks – approached the court to interdict Mkhwebane’s remedial actions pending a review application to set aside the report in its entirety.

READ: Why Public Protector needs to reconsider the Mabuyane matter

In her report: 

Mkhwebane found that Madikizela and Mabuyane had allegedly illegally benefited from R1.1 million in funds intended for memorial services of Winnie Madikizela-Mandela.

Mabuyane was represented in court by Advocate Tembeka Ngcukaitobi SC, while Madikizela, who was present in court, was represented by Advocate Anton Katz SC. The Public Protector had no legal representation as she indicated last week that she would not oppose the application.

Earlier in October, Mkhwebane released a report in which she found that Mabuyane, Madikizela and the provincial ANC itself had benefited to the tune of R450 000, R350 000 and R280 000, respectively, from R1.1 million siphoned from the former Mbizana Local Municipality (now known as the Winnie Madikizela-Mandela Municipality). The money was intended to be used for a memorial service for former ANC struggle stalwart Winnie Madikizela-Mandela.

The premier insisted that in July 2018, when he decided to renovate his house, he had asked Madikizela for a loan of R450 000.

“Mr Madikizela and I agreed that the money would be paid directly to my architect … In this regard, on July 23, a loan agreement was signed between me and Mr Madikizela. The Public Protector was given a copy of the loan agreement, which made it clear that the first payment would be made in 2019, until 2023, when the full amount would be paid,” stated Mabuyane.

“As matters stand, the amount has been fully paid,” he added.

Mabuyane stated that he had first paid R200 000 and later R250 000.

“The Public Protector knew that the money was paid some six months before she commenced her investigation. Yet she not only investigated but also maliciously failed to factor this evidence into her conclusions,” read his court papers.


Lubabalo Ngcukana 


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