In final investigative reports released on Friday, acting Public Protector, Kholeka Gcaleka sets out her office’s findings into the former Minister of Defence and Military veteran, Nosiviwe Mapisa-Nqakula’s trip to Zimbabwe in 2020, the appointment of a chief of staff in the ministry of public enterprise, and the arrest of Zamaswazi Majozi also known as “Sphithiphithi Evaluator”, concerning the July unrest in 2021. 

In the case of Mapisa-Nqakula’s trip to Zimbabwe in 2020, the acting Public Protector said that her office’s investigation into the matter had found that state resources were inappropriately used to improperly benefit a political party.

The investigation into Mapisa-Nqakula’s trip is one of several investigations released by the Public Protector of South Africa (PPSA) on Friday.

“Mapisa-Nqakula’s conduct by giving a lift to the ANC delegation on the aircraft constituted an improper advantage and or unlawful enrichment to the ANC as envisaged in the Public Protector Act.”

Gcaleka acknowledged remedial action had already been taken against Mapisa-Nqakula and in respect of the recovery of the cost of the trip from the ANC, as the party has already paid back the amount. Gcaleka has also ordered that no further remedial action be taken against the former defence minister.

Gcaleka also recommended that the Presidency instructs the issuance of a directive for compliance with the ministerial handbook in terms of the constitution to handle the practice of giving lifts, to ensure cabinet members and deputy ministers act within the confines of the constitution at all times when dealing with state resources.

Background on Zimbabwe trip

In 2020 the Presidency approved that Mapisa-Nqakula would fly to Harare to meet her Zimbabwean counterpart to discuss regional security issues. However, the trip turned into a joyride as she allowed other ANC senior delegations to join her in the military aircraft to-and-from Zimbabwe, which she had no authority to do so. 

Mapisa-Nqakula received a lot of backlash from the President, civil society organisations and opposition parties. The joyride resulted in her being docked three months’ salary as punishment.

In August 2021, President Ramaphosa reshuffled his Cabinet, in which he removed Mapisa-Nqakula as Minister and replaced her with then-National Assembly speaker, Thandi Modise.

Mapisa-Nqakula currently serves as a Speaker of the National Assembly.

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President cleared of breaching ethical code

In a separate investigative report released on Friday, President Ramaphosa was also investigated by the Public Protector’s office for possibly breaching the Executive Code of Ethics.

The investigation was launched after ANC MP, Mervyn Dirks wrote to the Standing Committee on Public Accounts (Scopa) requesting it to summon Ramaphosa to account for remarks he made in a leaked audio recording, where he is heard commenting on allegations of public funds being used for ANC campaigns, and that he was “willing to fall on the sword” to protect the ruling party.

The Public Protector has cleared Ramaphosa of the allegations, stating that there was no evidence her office can find that Ramaphosa “contravened any provisions of the Code”.

“Evidence obtained indicates that before the President made these utterances, it was widely reported even in the Zondo Commission, which was public on the misuse of public funds by the ruling party for party political gain. In the circumstances, the Public Protector… is satisfied that the utterances of the President in the audio were not in violation of the Code,” Gcaleka said.

Gcaleka also cleared Minister Pravin Gordhan of breaching the Executive Ethics Code in the appointment of Nthabiseng Borotho as chief of staff in the Department of Public Enterprises.

The allegations were initially brought by the EFF’s Floyd Shivambu.

Shivambu alleged that Gordhan had breached the executive code and irregularly appointed Borotho, despite evidence she does not possess the minimum qualifications requirements for the post.

Gcaleka said that, based on the uncovered evidence by the PPSA in the investigation and the relevant regulative reform work, the Public Protector found that the Minister did not act in violation of the executive code of ethics in appointing Borotho. 

“The Minister appointed Borotho to the position in question in line with regulations 66 subsections 2 subject to regulation 67 subsections 5 of the Public Service Regulation. Based on the evidence, the conduct of the department did not amount to improper conduct,” said Gcaleka.

Investigation into Sphithiphithi Evaluator

In the case of the alleged instigator and Twitter influencer, Zamaswazi Majozi — also known as “Sphithiphithi Evaluator” — Gcaleka said the PPSA investigation was disengaged because the matter was a subject of criminal and civil proceedings and is still in court.

Read more in Daily Maverick:‘Sphithiphithi Evaluator’ cuts a haggard figure in court after the RET social media star is charged with inciting violence.

“Based on the above, the PPSA is disengaging on a parallel investigation on the matter pending before a court of law particularly a criminal matter to avoid misalignments of findings between the office and the court and potential of conflicting decisions and or as being seen as defeating the hands of justice.”

PPSA’s report comes after Majozi’s case was thrown out of Germiston Magistrates’ Court following several postponements since her arrest in August 2021. DM