The DA has written to the public protector to investigate Gauteng premier Panyaza Lesufi’s “apparent” contravention of the Executive Members Ethics Act, its Gauteng leader, Solly Msimanga, said on Monday.
This after Lesufi was allegedly part of a meeting on October 11 2023 that discussed, among other things, the “breakdown of the relationship between the [provincial government] and the National Education Health and Allied Workers Union (Nehawu), which has led to a toxic work environment”.
Msimanga said: “The DA finds it highly irregular and unethical that premier Lesufi was part of these legislature meetings, which appear to deal with solving an internal ANC problem with Nehawu threatening to withhold their support in the election if they did not get their 13th cheque and stop the disciplinary proceedings against 34 staff members implicated in fraudulent subsistence and travel (S&T) claims.”
He said the case illustrated Lesufi’s “disregard and lack of grasp” of the separation of powers between the executive, legislative and judicial branches of government.
“As an executive member, the premier had no authority to participate in a meeting that addressed the internal affairs of the legislature.
“The public protector is required to present a report on this matter to President Cyril Ramaphosa within 30 days. The DA awaits the outcome of the [public protector’s] investigation and will ensure the premier is held accountable.”
Lesufi’s spokesperson, Sizwe Pamla, said he would respond “as soon as I have something concrete”.
Meanwhile, the DA has accused Ekurhuleni executive mayor Nkosindiphile Xhakaza of shielding a senior metro official implicated in fraud allegations.
DA Ekurhuleni caucus chief whip Luck Dinake said the auditor-general’s 2020/21 report highlighted “irregular expenditure of R179,550 paid as board fees to a member of the Ekurhuleni Housing Company (EHC) board”.
Dinake said at the time that the board member was the municipality’s employee, “which is a direct contravention of section 93E of the Municipal Systems Amendment Act, No 44 of 2003”.
Ekurhuleni is one of Gauteng’s metros that has been grappling with political and administrative instability after the 2021 municipal elections failed to produce a clear winner. Since then the municipality on the east of Johannesburg, which is dogged by service delivery challenges, has had a revolving door of mayors.
Dinake said in August that the same individual was appointed as the CEO of EHC, “despite this matter having been reported to the municipal public accounts committee”. According to the EHC website, its CEO is Zingisani Nkamana.
“When asked in council what bearing this matter had on the appointment of the concerned individual, the executive mayor simply stated that it had no bearing whatsoever..”
“In an attempt to placate council and assure residents that his administration is committed to fighting corruption and dealing seriously with fraud, mayor Xhakaza indicated that his office would abide by the recommendations of [the committee] once they had concluded their investigation,” Dinake said.
“The DA will push to ensure that the unduly awarded board membership fees are repaid to the city and that the recommendations of the investigation are effected immediately.”
Ekurhuleni metro spokesperson Zweli Mkhize referred questions to mayoral spokesperson Ramatolo Tlotleng, who did not respond immediately to a request for comment.
The allegations against Xhakaza come as the DA wants the Gauteng provincial government’s ethics committee to investigate allegations that Lesufi failed to act against corruption in the department of social development.
Refiloe Nt’sekhe, DA shadow MEC for social development, has said the party was in possession of forensic reports from Bowmans and BDO that highlight the gross corruption, mismanagement of funds and irregular expenditure in the department.
“The premier is aware of these reports and, in his capacity, should have acted on the recommendations. Instead, he chose to ignore and protect those implicated in corruption at the expense of Gauteng residents.”
Nt’sekhe said the DA had been raising concerns about irregular financial practices in the department, “including the procuring of school uniforms from co-operatives and dignity packs”.
Lesufi’s office has previously called on those with information about corruption to open a case with law enforcement agencies.
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