Kholeka Gcaleka says the minister’s conduct was not inconsistent with the constitution and therefore not in breach of code
30 September 2022 - 11:33
by Franny Rabkin
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Acting public protector Kholeka Gcaleka. Picture: BUSINESS DAY/FREDDY MAVUNDA
Acting public protector Kholeka Gcaleka has cleared public enterprises minister Pravin Gordhan in the complaint by the EFF’s Floyd Shivambu about the appointment of his chief of staff, Nthabiseng Borotho.
At a media briefing on Friday, Gcaleka said Gordhan “did not act in violation of the executive code of ethics when he appointed Borotho as chief of staff”.
He sought approval for her appointment in terms of public service regulations from former minister Senzo Mchunu “by way of a deviation for Ms Borotho’s lack of formal qualifications”.
Gordhan’s conduct was not inconsistent with the constitution and therefore not in breach of code.
She also found the department acted lawfully when it appointed Abacus Financial Crime Advisory to investigate public servants suspected of leaking information about the appointment of Borotho.
The appointment was “in compliance with the constitution, preferential procurement policy and broad-based black economic empowerment legislative framework”, said Gcaleka, adding it did not amount to improper conduct or maladministration.
Shivambu made the complaint to the public protector on November 24 2020.
Support our award-winning journalism. The Premium package (digital only) is R30 for the first month and thereafter you pay R129 p/m now ad-free for all subscribers.
Gordhan cleared on chief of staff appointment
Kholeka Gcaleka says the minister’s conduct was not inconsistent with the constitution and therefore not in breach of code
Acting public protector Kholeka Gcaleka has cleared public enterprises minister Pravin Gordhan in the complaint by the EFF’s Floyd Shivambu about the appointment of his chief of staff, Nthabiseng Borotho.
At a media briefing on Friday, Gcaleka said Gordhan “did not act in violation of the executive code of ethics when he appointed Borotho as chief of staff”.
He sought approval for her appointment in terms of public service regulations from former minister Senzo Mchunu “by way of a deviation for Ms Borotho’s lack of formal qualifications”.
Gordhan’s conduct was not inconsistent with the constitution and therefore not in breach of code.
She also found the department acted lawfully when it appointed Abacus Financial Crime Advisory to investigate public servants suspected of leaking information about the appointment of Borotho.
The appointment was “in compliance with the constitution, preferential procurement policy and broad-based black economic empowerment legislative framework”, said Gcaleka, adding it did not amount to improper conduct or maladministration.
Shivambu made the complaint to the public protector on November 24 2020.
This is a developing story.
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