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

“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]