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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