The Public Protector's Investigation into Allegations of Maladministration at the State Theatre, Pretoria

22 April 2002

The office of the Public Protector is deeply concerned at the negative perceptions arising from the serious and damaging factual inaccuracies in the content of an article entitled 'Theatre's missing R24m still a mystery' appearing in Business Day on 22 April 2002.

Of greatest concern are the errors appearing in the opening paragraph of the article. The implications of the large number of complex intersecting investigations regarding problems at the State Theatre are oversimplified. Consequently, the entirely incorrect impression is created that the office of the Public Protector is responsible for a supposed failure to investigate financial problems at the State Theatre. This inaccurate impression remains uncorrected by the discussion of some of the complexities of this matter contained in the remainder of the article.

It is, further, incorrect to state that 'five years of investigation' by this office has cost the taxpayer 'millions' without producing any result. Firstly, this office has not spent any amount even approximating that figure on the State Theatre investigation, although the total expenditure on all investigations into the series of problems at the State Theatre is, no doubt, significant. Secondly, the office has actively assisted Mrs Wixley and Mrs Franks in a number of related matters since they first reported their concerns. Thirdly, it has done so while co-operating with and monitoring developments in the several investigations conducted by other bodies concerning related aspects of their reported concerns. These investigations have produced and continue to produce results.

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However, the complainants themselves have continued to monitor the many changes that have taken place at the State Theatre since they first approached the Public Protector. They have, also continued to furnish this office with additional information, as well as allegations concerning the supposed implications or significance of that information. This office has always taken the complainants' subsequent allegations seriously because we believe there to have been merit in their original concerns. We have consequently, investigated the further allegations made by them from time to time over the past five years.

Our investigations have not always revealed much of real substance in the subsequent allegations that would affect the Public Protector's initially-envisaged investigation. However, it has been necessary to investigate them because the complainants have argued that they amounted to a continuation of a pattern of covering up or compounding the initial alleged wrongdoing � in essence, the existence of some form of conspiracy. It has therefore, been logically necessary to ascertain the extent of the accuracy of these subsequent allegations before embarking upon what may have become a piecemeal and, consequently, an incomplete and valueless investigation.

The complainants have been repeatedly advised of our views concerning the most appropriate manner for this office to conduct the investigation of such matter they have complained of as do fall within its jurisdiction. Their disagreement on and misunderstanding of such fundamental matters of investigation has caused this office to allocate almost as much time to explanations to the complainants as to conducting the investigation themselves.

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It may be possible to debate aspects of the broader investigative process. However, it seems to us to be regrettable, entirely unnecessary and, indeed, damaging to this office's investigation, for inaccurate information to form the basis of media coverage, particularly at the time when the investigation, is in any event, approaching its final stages.

Information currently available to us from our co-operation with other investigations suggest that it has been clear virtually from the start how the State Theatre was deprived of certain of its funds. We are informed that the State Theatre has requested legal advice concerning matters related to this issue. Furthermore, the Department of Arts, Culture, Science and Technology have, for some time now, been implementing certain corrective measures. It may have been appropriate to invite their perspective and comments before uncritically accepting the single inaccurate view forming the basis of your article.

For further information, please contact Nicolette Teichmann on 082-333-5624 or (012) 322 2916.

Enquiries: Nicolette Teichmann
Tel: (012) 322 1190
Cell: 082-333-5624

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