Public Protector clears Ramaphosa again on the allegations of misconduct.

By Lehlohonolo Lehana.

Public Protector Advocate Kholeka Gcaleka has cleared President Cyril Ramaphosa of wrongdoing in a complaint against him over his alleged breach of the Public Finance Management Act (PFMA) when he invited developers Balwin Properties (Pty) Ltd to become part of the Mooikloof housing project in 2020.

This follows the complaint lodged by the Chief Whip of the African Transformation Movement in February 2021, regarding Ramaphosa personally inviting a property development company to become part of the Mooikloof Mega Residential City.

The announcement was made during a media briefing by the Office of the Public Protector on Thursday.

Gcaleka released the findings of five reports her office had completed in the fourth quarter of 2023/24 financial year.

Ramaphosa launched the R30-billion private-sector housing project, at Mooikloof east of Pretoria, in October 2020. 

The complainant alleged, among other things, that the President was on various roadshows, conferences and seminars calling on business to invest in South Africa and partner with the government in this regard.

Gcaleka released the finalised investigation reports for the final quarter of the 2023/2024 Financial Year in Cape Town, on Thursday morning.

She says the allegations that the President’s invitation of the property development company to become part of the Mooikloof, was in contravention of the Public Finance Management Act (PFMA) and supply chain management processes, is not substantiated.

“18 other sub projects under the human settlements in terms of gazette number 4347 of 2020, in accordance with section 7 of the infrastructure development act of 2014 which provides that a strategic integrated project, private infrastructure provided it is with the consent of the owner. Accordingly the conduct of the president did not constitute procurement as shown in section 270 of the constitution and section 38 of the PFMA”. 

This is the second time Ramaphosa has been cleared of wrongdoing by the Public Protector. In July 2023, Gcaleka cleared of wrongdoing in the complaint against him over the handling of housebreaking and forex theft at his private Phala Phala farm in Limpopo, which occurred in 2022.

Gcaleka further mentioned that the investigation into the Department of Higher Education and the National Student Financial Aid Scheme’s (Nsfas) is ongoing and at an advanced stage.

“As has been our approach in the recent past, we have encouraged Nsfas to resolve the systemic challenges experienced by students speedily and in so doing, develop lasting solutions to these matters as they have persisted over an extended period of time,” said Gcaleka.

When it comes to the roadshows conducted by the PPSA, Gcaleka said they embarked on an inspection recently at the Rooiwaal WasteWater Treatment Works facility in Hammanskraal to monitor the progress with the implementation of the remedial action taken in an investigation into allegations of undue delay and or failure by the City of Tshwane to supply the residents of Hammanskraal with clean water.

“The PPSA will be launching new channels as part of our efforts to improve accessibility in its generality: A ‘call me back’ channel which will allow complainants to send a request and we will contact them and a self-service channel to be able to check the status of their complaints from the comfort of their home using a phone or a laptop.”

“Lastly, we’re also going to be launching our new call centre which will improve our ability to call complaints and take their calls. These channels will be officially available to the public as of 7.30am on Tuesday, 2 April and this function will have a voice feature to accommodate people who are visually impaired and/or cannot read. We intend to launch this solution in at least five languages, “said Gcaleka.

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