Public Protector refers Freedom Front Plus complaint to National Prosecuting Authority

11 September 2007

The Public Protector Adv Mabedle Lawrence Mushwana has referred a complaint by Dr Connie Mulder of the Freedom Front Plus regarding alleged irregularities in the award of a Parliament contract to the National Prosecuting Authority (NPA) for investigation.

The Public Protector was requested by the Freedom Front Plus to investigate a Mail and Guardian newspaper allegation that Africa Strategic Asset Protection won a R32 million access control contract and a R12 million asset tracking contract for Parliament in circumstances that appeared to be corrupt.

The Public Protector noted that the complaint is based solely on allegations published by the Mail and Guardian of 24 August 2007. The allegations all pointed to, or related directly to, corrupt conduct by private individuals, private entities and public officials, which is prohibited by the provisions of the Corruption Act, 1992 and/or the Prevention and Combating of Corrupt Activities Act, 2004. Such conduct therefore amounts to a criminal offence which should be investigated and the suspects prosecuted, by the NPA.

Section 6(4) (c)(i) of the Public Protector Act, 1994 provides that:
"The Public Protector shall, be competent at a time prior to, during or after an investigation, if he or she is of the opinion that the facts disclose the commission of an offence by any person, to bring the matter to the notice of the relevant authority charged with prosecutions."

The Public Protector's office is established in terms of chapter 9 of the Constitution of South Africa. It strengthens our young constitutional democracy through, among others, investigating maladministration, delays in service delivery, and allegations of impropriety or prejudice by public administration in any sphere of government.

It is an office of last resort, meaning that all other avenues to address a complaint must be exhausted before the Public Protector is approached. It does not investigate court decisions and its services are free.

For more information contact Charles Phahlane on 012 366 7006 or 082 856 8188.

For media releases, speeches and reports visit the Public Protector's website www.publicprotector.org.