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
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