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Protector warns on leaked report

Cape Town - The leaking of a Public Protector provisional report on police efforts to secure an irregular R1.1bn lease on a Durban building could compromise investigations into the matter, the watchdog body said on Sunday.

"It will compromise the integrity of the investigation and justice," a spokesperson for the Public Protector's office, Kgalalelo Masibi, told Sapa.

The Sunday Times published details from the provisional report in its front page story at the weekend.

Titled "Against the Rules Too", the report contains, according to the newspaper, revelations by public works director-general, Siviwe Dongwana, that he was "concerned for my personal safety and that of my family" as he was put under pressure to approve two police lease deals.

In February this year, Public Protector Thuli Madonsela officially issued her first report - titled "Against the Rules" - on police lease deals. It dealt with a R500m deal for a new police headquarters in Pretoria.

On her office's second, provisional report, Masibi said she was shocked it had been leaked to the media.

"We're obviously shocked the report has been leaked - it's supposed to be confidential," she said.

Copies of the confidential provisional report had been sent, on June 9, to several senior officials and politicians, including President Jacob Zuma, Public Works Minister Gwen Mahlangu-Nkabinde and Police Commissioner Bheki Cele, among others.

The purpose of a provisional report was to obtain a response from affected parties.

"They're supposed to respond within 14 days... by June 23," Masibi said.

According to the Sunday Times, the provisional report "covers leases in Pretoria and Durban and follows [the] earlier one slamming the Pretoria lease.

"It describes how Cele flouted procedure and drove a plan to move the police into new headquarters in [these cities] against the advice of several government officials."

It stated, among other things, that:

  • Mahlangu-Nkabinde was guilty of "improper" conduct and failed "statesmanship" for going ahead with both leases after two legal opinions found them invalid;
  • Cele was guilty of "maladministration" and "unlawful" conduct for driving the R1.1bn Durban deal;
  • The Treasury should consider blacklisting billionaire property developer Roux Shabangu's company, Roux Property Fund, for its involvement in "unlawful and irregular procurement"; and,
  • Rentals for both buildings were inflated by up to 300%.
Further, the police would have leased both buildings from Shabangu - who is reported to have close ties with Zuma - for 10 years, without the deals going out to tender.

Shabangu however told reporters on Friday: "I do not have a long-standing friendship whatsoever with our president."

Treasury rules state all contracts over R500 000 must go out to tender.

On Dongwana, who was suspended by Mahlangu-Nkabinde a month after her appointment late last year, the report said he had come under pressure from Shabangu about the leases.

He had told investigators he was convinced "that communications on my phone and that of my wife were being intercepted".

He had thought so because "every time that I had a conversation about this matter, Shabangu would call me about the contents of the conversation shortly thereafter".

Masibi on Sunday could not say when the report would be officially released.
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