Regard must be had to the higher standard of conduct expected from public officials, and the number of falsehoods that have been put forward by the Public Protector in the course of the litigation. This conduct included the numerous “misstatements”, like misrepresenting, under oath, her reliance on evidence of economic experts in drawing up the report, failing to provide a complete record, ordered and indexed, so that the contents thereof could be determined, failing to disclose material meetings and then obfuscating the reasons for them and the reasons why they had not been previously disclosed, and generally failing to provide the court with a frank and candid account of her conduct in preparing the report. The punitive aspect of the costs order therefore stands.
COMPLAINT: WESTERN CAPE COMMUNICATIONS CONTRACT
The ANC in the Western Cape requests you to investigate the Department of the Premier, the role of the premier (directly or indirectly through her discressionary appointed advisers / staff in her personal office) and the involvement of all other officials of the Provincial Government, together with two companies in the unauthorized appointment of one called Yardstick without following prior due process, no clear terms of reference or procurement approval process and the after the fact expansion of tender FMA 0027 to TBWA\ Hunt Lascaris and all other matters pertaining to this multimillion Rand contract. This process stretches from year 2010 to 2011.
We believe that the process undertook by the Provincial Government was flawed every step of the way and in breach of various regulations and other control measures, including, but not restricted to:
These and others problems pointed out (also mentioned in a Provincial Treasury evaluation) require your office to immediately pay attention to the Provincial Government of the Western Cape as these are substantively serious.
If needed, we are available to expand on our request for an urgent investigation into this abuse of power, maladministration, improper dealings with respect to public money and random decisions taken by this government.
With kind regards,
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