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Cosatu: Statement by Patrick Craven, Congress of South African Trade Unions spokesperson, congratulating the Public Protector (12/08/2010)

12th August 2010

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The Congress of South African Trade Unions congratulates the Public Protector, Thuli Madonsela, on her report which has cleared Communications Minister Siphiwe Nyanda of misconduct.

Her thorough investigation and prompt report - on complaints lodged by the Democratic Alliance (DA) and the Congress of the People (Cope) about tenders awarded to Abalozi, a company Nyanda is allegedly linked to - is exactly the approach to allegations of corruption which COSATU has been calling for.

The Public Protector deserves praise for carrying out her duties, in terms of Chapter 9 of the constitution, which include "conducting investigations into alleged improper conduct by organs of State", without fear or favour. We look forward to similar investigations and reports on other such allegations.

COSATU has always stressed that its call for investigations into corruption allegations was not an endorsement of the allegations, and that exonerating those who are innocent, as in this case, was as important as punishing those found to be guilty.

The first complaint concerned reports that Abalozi had been unduly awarded a multi million rand contract with Transnet Freight Rail (TFR). "The Public Protector," said a statement from President Jacob Zuma's office, "found that there is no conclusive evidence to substantiate the allegation that General Nyanda was personally responsible for securing the TFR contract or that he used his position or relationship with the CEO of TFR to do so".

"However, the Public Protector further finds that the statement that was issued to the media by General Nyanda supporting the CEO of TFR who was the subject of a disciplinary inquiry by Transnet, violates section 2.3(d) of the Code in that Nyanda used his office improperly to benefit the erstwhile CEO of TFR."

The second allegation against Nyanda involved a R71 million tender awarded by the Gauteng Roads and Transport Department, also to Abolozi. Nyanda's department cancelled the tender after a legal review found that prescribed procurement processes were not followed. The Public Protector concluded that, "there is no basis for finding that General Nyanda's conduct constitutes a conflict of interest in violation of section 2 of the Act and the provisions of sections 3 of the Code."

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