The leaking of a provisional report relating to complaints and allegations of maladministration, improper and unlawful conduct by the Department of Public Works and the South African Police Service with regard to a building lease in Durban, was unlawful, Public Protector South Africa CEO Themba Mthethwa said on Monday.

The findings of the report, 'Against the Rules Too',  which were “highly critical” of police commissioner General Bheki Cele, Minister of Public Works Gwen Mahlangu-Nkabinde and businessman Roux Shabangu”, were published in the Sunday Times.

The finding as published in the newspaper pointed to “rentals inflated by up to 300%, with floor space in Durban of some R78-million added without justification,” among other key findings.

It also included allegations that the suspended Public Works director-general Siviwe Dongwana was forced to sign the lease agreements owing to pressure from Mahlangu-Nkabinde, who recently placed a moratorium on new tenders in an effort to “clean up the department”.

Referring to the leak as “undermining justice, fairness and the integrity of investigations”, Mthethwa also said he could not comment on the accuracy of the information published in the newspaper.

He said investigations would look to find the individual/s responsible for leaking the report to the media, with the organisation considering its options with regard to legal action.

The Public Protector was considering taking up the matter with the South African National Editors Forum to discuss a “mutually affirming way of dealing with this trend” and exploring the possibility of a memorandum of understanding.

A final report regarding the controversial R1.1-billion lease for a building in Smith Street, in Durban, would be published later in the year, as all relevant stakeholders and parties were to comment on the provisional report by June 23.