Rédaction Africa Links 24 with Daily Maverick Reporter
Published on 2024-03-28 14:34:26
Public Protector Advocate Kholeka Gcaleka recently cleared President Cyril Ramaphosa of any wrongdoing in a complaint filed against him regarding an alleged breach of the Public Finance Management Act (PFMA). The complaint stemmed from Ramaphosa’s invitation to developers Balwin Properties (Pty) Ltd to participate in the Mooikloof housing project in 2020. Gcaleka’s announcement was made during a media briefing by the Office of the Public Protector, where she released the findings of five reports completed by her office in the fourth quarter of the 2023/24 financial year.
The Mooikloof housing project, a R30-billion private-sector endeavor located east of Pretoria, was launched by Ramaphosa in October 2020. Balwin Properties owns and develops the project, which was gazetted as a strategic project for the government. This is not the first time that President Ramaphosa has been cleared by the Public Protector. In July 2023, Gcaleka also cleared him of any wrongdoing in a separate complaint related to a housebreaking and forex theft incident at his private Phala Phala farm in Limpopo in 2022.
The investigation into the complaint against Ramaphosa regarding the Mooikloof project was initiated following a complaint lodged by Thandiswa Marawu, the chief whip of the African Transformation Movement (ATM), in February 2021. Marawu raised concerns about potential maladministration related to the alleged flouting of the PFMA after learning that the CEO of Balwin Properties had received a call directly from the President inviting the company to participate in the project.
Gcaleka’s investigation focused on whether Ramaphosa’s invitation to Balwin Properties was in contravention of the PFMA and the supply chain management (SCM) processes, as well as whether it constituted improper conduct and maladministration as outlined in relevant legislation. Ultimately, she found that the allegations against the President were not substantiated.
The Mooikloof project was designated as a Strategic Integrated Project (SIP) and listed as part of 18 sub-projects under Human Settlements in accordance with the Infrastructure Development Act of 2014. This designation allowed for private infrastructure development with the owner’s consent, therefore not constituting procurement as defined by the Constitution and the PFMA.
Gcaleka concluded that President Ramaphosa’s conduct did not amount to maladministration or improper conduct, as alleged by Marawu. The findings of the investigation provided clarity on the President’s involvement in the Mooikloof project and absolved him of any wrongdoing in this matter.
The clearance by the Public Protector reinforces Ramaphosa’s integrity and adherence to legal and regulatory frameworks in his capacity as the President of South Africa. It also highlights the importance of transparency and accountability in governance, ensuring that public officials are held accountable for their actions.
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