By Lehlohonolo Lehana.
Public Protector Adv. Kholeka Gcaleka cleared President Cyril Ramaphosa of improper conduct in connection with using public funds to attend an African National Congress (ANC) event.
Gcaleka found no conclusive evidence that state resources were directly used to benefit the ANC.
The complaint was brought by Democratic Alliance (DA) MP Leon Schreiber, who accused Ramaphosa of leveraging government resources to benefit the Letsema campaign.
He accused Ramaphosa of breaching the Executive Ethics Code when he spoke of the government-driven jobs and skills programme during an ANC campaign.
The campaign aimed to renew the ANC’s social contract with voters, getting party members and local volunteers to address challenges in their communities.
The initiative appears to rehash the Letsema campaign launched by former president Thabo Mbeki in 2002.
Reading the ANC NEC’s 2002 January 8 statement, Mbeki said the party should encourage people to “be their own liberators, of occupying the frontline in the popular struggle for the reconstruction and development of our country”.
Gcaleka said that by the time Ramaphosa spoke about the programme on 13 April, it had already been launched days earlier by the Gauteng government in collaboration with the Department of Employment and Labour.
“The information was already out in the public domain.
“There is no evidence before the Public Protector to conclude that the statement by the president communicating what was previously communicated or announced by the Gauteng provincial government and in the public domain, was in violation of the provision of section 96 of the Constitution,” she said.
The Public Protector also found no grounds to conclude that Ramaphosa had breached any clauses of the Executive Ethics Code.
Despite clearing Ramaphosa of wrongdoing, the report highlights broader concerns about the overlap between state and party funtions.
RDP house handover in 2022
She also cleared Ramaphosa of any wrongdoing after an investigation into allegations of maladministration and abuse of power linked to his handover of a reconstruction and development programme (RDP) house during the ANC’s Letsema campaign in 2022.
The probe focused on Ramaphosa’s role in handing over the RDP house to Martha Louw in Donkerhoek, Northern Cape, on October 1 2022.
As part of his Letsema campaign activities in the Northern Cape, Ramaphosa visited Louw’s home, where he celebrated her 82nd birthday and officially handed over her RDP house.
The public protector’s investigation examined whether his actions during the campaign event constituted improper conduct or an abuse of executive authority.
The complaint was lodged on the same day in 2022 when Mr E Muller complained about Ramaphosa abusing his power and his “violation or contravention of of the constitution”.
He claimed Ramaphosa abused his powers during the Letsema campaign as he had previously used a “machine” belonging to a Mpumalanga municipality to fix potholes during the campaign, and on October 1 2022, he “did a similar thing or worse” in the Northern Cape.
Muller alleged the president exposed himself to a situation that created a conflict between his private and public interests and might likely continue unless he is “urgently stopped and reminded of his oath of office”.
Gcaleka’s findings concluded there was no evidence to support claims of maladministration. She concluded the allegation that Ramaphosa handing over the RDP house to Louw, during the Letsema campaign and thereby conflating his official responsibilities with his political interests, “is not substantiated”.
Cele cleared of wrongdoing related to 2023 RWC trip to Paris
Gcaleka also cleared former police minister, Bheki Cele of wrongdoing on his Paris trip to the Rugby World Cup.
Cele was accused of breaching the executive ethics code when he used public funds to make the trip with his executive assistant.
The Democratic Alliance (DA) laid the complaint against Cele after the trip in 2023, arguing that it was unrelated to his official duties as police minister.
They also claimed that Cele exposed himself to a potential conflict of interest when he accepted sponsorship from SuperSport.
But Gcaleka found in Cele’s favour.
In her report, Gcaleka said Cele had sought approval from President Cyril Ramaphosa to undertake the international travel in line with the guide which requires ministers to approach the president in writing to request approval for an intended visit.
Ramaphosa approved Cele’s request on 23 October 2023 through the President’s Act. Therefore, there is no evidence before the public protector indicating that Cele acted in a manner inconsistent with his office,” she said.
She said there was no evidence before her to prove Cele was not authorised by the guide to be accompanied by an executive assistant.
Gcaleka found that the allegation that Cele had failed to manage a conflict of interest by accepting sponsorship from a private company was also not substantiated.
The investigation found no evidence that Cele had handled any matters involving SuperSport in his capacity as a member of the executive or that he had failed to declare any personal, financial, or business interests as required by the executive ethics code.
The report said that ministers and their deputies were permitted to be accompanied by staff when they travelled abroad. Also, no evidence was found to suggest he was in a situation requiring him to declare or manage a perceived conflict of interest.