Today, the Public Protector, Thuli Madonsela found the Department of Trade and Industry (DTI) guilty of “maladministration and abuse of power in the interference in the management of the National Consumer Commission in respect of human resource matters and finance.”

The Public Protector implicated both the Director General of the Department of Trade and Industry, Lionel October and Minister Rob Davies in respect of the allegations by former National Consumer Commissioner Mamodupi Mohlala-Mulaudzi. Mohlala-Mulaudzi complained that the DTI, and Director General Lionel October, had abused its power of oversight over the National Consumer Commissioner and interfered in its operations.

The Public Protector found that the conduct of the Department constitutes a violation of the Commissioner’s operational independence, unfair labour practice, an act of abuse of power and maladministration.

These are serious allegations. The Minister must account to Parliament for his Department and his own actions in this regard.

I will today write to both Minister Davies and the Chairperson of the Portfolio Committee on Trade and Industry, Joanmariae Fubbs, requesting that the Minister explain himself to the Portfolio Committee on Trade and Industry, as to:

• How the serious transgressions as referred to in the Public Protector’s report were allowed;
• Whether he will follow the appropriate remedial actions proposed by the Public Protector; and
• What other steps he will take to ensure that similar abuses and transgressions do not occur in future?

In the report, the Public Protector chastises Minister Davies for failing to execute the simplest of tasks – the signing of the National Consumer Commissioner’s performance contract - six months after receiving it.

Minister Rob Davies must take responsibility and account in full for the failures in his Department as mentioned in the Public Protector’s report.