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Case number on leaked memo not related to Madonsela – Hawks

12th July 2011

By: Sapa

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A criminal case number that appears on a police memo that was leaked to the media last week and implicated the Public Protector Thuli Madonsela in fraud and corruption has nothing to do with her, Hawks spokesperson McIntosh Polela said on Monday.

Polela said the case number 515/01/2008 was related to a fraud investigation involving the Department of Justice and Constitutional Development (DOJ).

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"It is a completely different investigation about IT and not Madonsela," he said.

The case was opened at the Pretoria Central police station on January 11, 2008 by the DOJ, but it could not be confirmed who specifically in the department had opened the case.

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DOJ spokesperson Tlali Tlali said the department "did not sanction any one" to open a case against Madonsela and that as far as he was aware, there was no case against her.

The memo, which is dated April 1, 2011, this year and titled "Report regarding information relating to Waweth Resources CC", states that Madonsela's companies, Waweth Resources CC and Waweth Law and Policy Research Agency, supplied consulting services to the Justice Department between August 2004 and July 2009.

The value of these services according to the document was worth R1.8-million.

Waweth is a company Madonsela has admitted to owning that did contract work for the justice department.

Last week Justice Minister Jeff Radebe said Madonsela did not break any laws when her company offered services to the justice department while she worked for the South African Law Reform Commission (SALRC).

The justice department had, at the Treasury's request, investigated if there had been a conflict of interest when her company Waweth rendered services to the department.

Because Madonsela was not appointed as commissioner to the SALRC in terms of the Public Service Act and public service regulations, she was not bound by them, Radebe said in a statement.

"On the basis of all that has been considered, I am satisfied that the conduct of the Public Protector in relation to what had to be investigated, that is, whether or not there was a duty to disclose, or that she was operating a profitable business entity, did not constitute a violation of any prescripts or laws."

Radebe said the enquiry was closed. At no stage had the matter been referred to law enforcement agencies for investigation.

Presidential spokesperson Mac Maharaj said in a statement released on Monday that both Police Minister Nathi Mthethwa and Radebe had confirmed with him that there was no investigation of Madonsela being undertaken by either of their respective departments.

He said President Jacob Zuma had "reaffirmed government support for the Office of the Public Protector and all Chapter 9 institutions."

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