South Africa

Western Cape Politics

DA’s suspended MEC Bonginkosi Madikizela plans to challenge Public Protector report

DA’s suspended MEC Bonginkosi Madikizela plans to challenge Public Protector report
Suspended Western Cape Transport MEC Bonginkosi Madikizela. (Photo: Gallo Images / Netwerk24 / Jaco Marais) | Good Party's Brett Herron. (Photo: Leila Dougan)

Suspended Western Cape MEC for Transport and Public Works, Bonginkosi Madikizela, has asked premier Alan Winde for 30 days to file a court application in response to a report by the Public Protector about comments he made two years ago about fellow politician Brett Herron.

“Earlier this month Minister Madikizela expressed to me in writing that he intends to launch an application to have the report overturned as he does not agree with its findings,” said Western Cape premier Alan Winde about his suspended Transport and Public Works MEC, Bonginkosi Madikizela. 

Winde was referring to a report by acting Public Protector Kholeka Gcaleka that found Madikizela breached the Executive Ethics Act when he said, “so he (Mr Herron) went on to say exactly two years ago, in his then capacity at the City of Cape Town, he initiated inner-city developments. I can tell you  now, Mr Speaker, that almost all the projects that were initiated by member Herron in the inner city were halted by court… all of them.” Madikizela made these comments about fellow Western Cape legislature member Brett Herron during a debate on Winde’s State of the Province Address in July 2019. 

Herron took issue with these remarks and filed a complaint with the Public Protector, accusing Madikizela of lying to the legislature after he (Madikizela) failed to explain this via parliamentary questions in November 2019.

But despite Madikizela claiming the office of Public Protector had no jurisdiction over political debates, Gcaleka ruled in Herron’s favour, it emerged during an April media briefing. 

Read in Daily Maverick: Bonginkosi Madikizela seeks legal advice following Public Protector’s improper conduct ruling against him

In a letter seen by Daily Maverick (from the Western Cape legislature’s announcements, tablings and committee report dated 16 April), Madikizela tells Winde that he sought legal advice about the report. 

“In light of the legal advice I have received, I have resolved to make an application to the High Court to have the report reviewed and set aside,” said Madikizela, adding, “I have been advised that what a member of a provincial legislature says in the provincial legislature can only be regulated by the rules and orders of that legislature.” 

Based on Madikizela’s letter, Winde then submitted a letter to the legislature – a requirement of Gcaleka’s report. Daily Maverick has seen a letter from Winde where he informs Speaker Masizole Mnqasela of the decision to allow Madikizela a month to file his application. 

In the letter, Winde tells Mnqasela, “as that application may result in the Public Protector’s report being declared unlawful, I will not take any further action against Minister Madikizela at this stage.” 

Winde says if Madikizela fails to launch his application within a month, or at the conclusion of the court application, “I will determine  what action, if any, to take against Minister Madikizela… I will also, at that stage, comment on the Public Protector’s report.” 

  210414 OTP Letter Min Madikizela Speaker AW[1]

Winde also submitted a letter to Gcaleka, informing her of Madikizela’s intention to take her report on review. 

On Friday 23 April, Winde told Daily Maverick: “Earlier this month Minister Madikizela expressed to me in writing that he intends to launch an application to have the report overturned as he does not agree with its findings.” 

But Madikizela has not yet filed court papers, which was confirmed by Winde: “We are not aware that Minister Madikizela has yet filed any papers in this regard… In a letter to the Public Protector as well as the Speaker of the Provincial Parliament, I noted that I have given Minister Madikizela one month in order to file his application to have the report reviewed and set aside.” 

Madikizela has a month – which ends on 14 May – to file his application to have the report set aside. 

In response, spokesperson for the Public Protector, Oupa Segalwe, told Daily Maverick that the office had received Winde’s letter. “We have not been served with papers yet in respect of Mr Madikizela’s reported plan to approach the court for review… any person implicated in a PP report and is aggrieved about the content has a right to approach the court for a review,” said Segalwe.  

Meanwhile, on Thursday 22 April, Herron and members of his GOOD party picketed outside the Western Cape legislature to call on Winde to hold his “cabinet of integrity” to account. 

“Winde must explain how his cabinet of integrity can include an MEC who has been caught out lying to the parliament they account to… why does Winde need to wait for the outcome of this frivolous court action before acting against a member of his team; a self-confessed liar?” Herron said in a media release

Madikizela has, meanwhile, been suspended by Winde for 14 days, following a Daily Maverick report about him fabricating his academic qualifications. 

Madikizela – who is in the running to stand as DA candidate for mayor of Cape Town in the 2021 local government elections –  also voluntarily stepped aside as DA provincial leader while the party investigates the qualifications issue. DM

 

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