Press Statement By The Public Protector

15 September 2003

In a letter dated 10 September, Mr Douglas Gibson MP, Chief Whip of the Official Opposition, requested me to initiate an investigation, in terms of the Executive Members� Ethics Act, into allegations of possible non-disclosure of benefits by the Deputy President, Mr Zuma

In my response to Mr Gibson, I stated that section 3(1) of the Executive Members� Ethics Act, 1998, provides that the Public Protector must investigate any alleged breach of the code of ethics (the Code) on receipt of a complaint contemplated in section 4. The latter prescribes inter alia that the complaint must contain full particulars of the alleged conduct of the Cabinet member concerned and such other information as may be required by the Public Protector.

Mr Gibson�s complaint does not contain sufficient information to justify an investigation into an alleged breach of the Code as it appears to be based only on �numerous allegations� that have mostly been made by the media and the contents of a draft charge sheet in a criminal matter. Many of the allegations appear not to have been substantiated and proven to date whilst some are still being investigated by, inter alia, the Parliamentary Joint Committee on Ethics and Members� Interests and others are sub judice.

It will therefore be possible to determine whether or not the Code has been breached only once it has been established whether Mr Zuma received certain gifts or had an interest in the matters in question.

As soon as tangible and reliable information becomes available from the investigations and litigation currently underway or otherwise, I will be in a position to consider whether sufficient particulars are available to justify further investigation.

MR M L MUSHWANA
PUBLIC PROTECTOR OF THE
REPUBLIC OF SOUTH AFRICA

Enquiries: Nicolette Teichmann
Cell: 082 333 5624

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