ANC chief whip, Pemmy Majodina. Image: Misheck Makora
- The ANC parliamentary chief’s son of a whip has been referred to the Hawks for investigation.
- This was after ANC MP Mervin Dirks lodged a complaint last year with the Public Protector’s Office over a tender for PPE.
- Acting Public Protector Advocate Kholeka Gcaleka made no finding against the main whip.
The award of a personal protective equipment (PPE) contract to the son of ANC parliamentary leader Pemmy Majodina has been referred to the Hawks by acting Public Protector advocate Kholeka Gcaleka.
Gcaleka referred the matter to the Hawks after his office investigated the case.
In his findings, Gcaleka ordered Spokesperson Nosiviwe Mapisa-Nqakula and the President of the National Council of Provinces, Amos Masondo, to take appropriate steps within 190 days to approve the rules regarding the allocation and use of funds provided by Parliament to political parties or Parliamentarians, as provided in the Law on Financial Management of Parliaments and Provincial Legislatures (MFPPLA).
The Secretary of Parliament, Xolile George, was ordered to periodically ensure the revision of the regulations contemplated in the FMPPLA.
The complaint was lodged by ANC MP Mervin Dirks on 26 April 2021.
Dirks claimed that the ANC constituency office awarded a PPE tender to supply R52,500 worth of thermometers to the company owned by Majodina’s son, Thandolwethu Mkhonto we-Sizwe Majodina.
He alleged that Pemmy Majodina created a graphic designer position in her office and employed her son without following due process.
Dirks said the process was gross nepotism and disrespect for this public office by Majodina, who allegedly abused constituency funds on car rentals despite receiving monthly car allowances.
READ | ANC chief ready to ‘submit’ to probe into her son’s involvement in party’s PPE deal
Gcaleka said the ANC caucus office in Parliament received R286.5 million in 2020/2 to help MPs to carry out active supervision of the work of the executive and its departments and constituencies.
The Public Protector was asked to investigate this allocation to reveal how much was spent on PPE and other tenders during the 2020/2021 financial year.
According to Gcaleka, Dirks had argued that Majodina had misused political party appropriations allocated by Parliament to benefit her family, and that Parliament had failed to put in place proper control mechanisms to prevent misuse of public funds. that the Parliament assigned as assignments of the political parties.
However, the Ombudsman said that she could not make any charges against Majodina.
“… there is no doubt that the acquisition of EPP by the ANC, which is a political party, does not constitute a public matter as provided for in these provisions. The fact that the ANC is a government party does not become part of the public administration.
She said:
ANC matters do not fall within the scope of matters to be investigated by the Public Protector as contemplated in the Constitution.
However, Gcaleka said that the allegations that Parliament failed or delayed the implementation of adequate regulatory control measures to ensure transparency, accountability and the proper management and spending of its finances were substantiated.
“The Spokesman admitted during this inquiry that the executive authority of Parliament still needs to issue the regulations under the FMPPLA. The Spokesman stated that Parliament is still in the process of adopting the draft regulations that have yet to be submitted to the Joint Standing Committee on Issues Financial”. Parliament management.
READ | ANC deputies denounce the chief whip Pemmy Majodina before the PP and Carabineros for the tender of her son
“The FMPPLA is national legislation that came into force in 2009. Now 13 years have passed and Parliament has yet to approve the regulations contemplated by the FMPPLA. As a result of the absence of regulations required by Parliament, the Public Protector finds that the Parliament has failed or unduly delayed in complying with the dictates of its own legislation, namely the FMPPLA,” Gcaleka said.
