Public Protector Gcaleka vows impartiality in investigation of former boss Senzo Mchunu

As the Public Protector’s office prepares to investigate Police Minister Senzo Mchunu over allegations of abuse of power and misconduct, Public Protector Kholeka Gcaleka has stated her commitment to maintaining impartiality throughout the process despite past ties.

Gcaleka, who previously served as Special Advisor to Mchunu during his tenure as Minister of the Department of Public Service and Administration, assured the public that her office’s investigation would adhere to the highest standards of constitutional integrity. 

The investigation was initiated last week following a complaint by the African Transformation Movement (ATM), which accused Mchunu of collusion with prominent business people and alleged involvement in obstructing investigations into criminal activities within the South African Police Service (SAPS). 

The ATM’s allegations are backed by WhatsApp messages, audio recordings, and financial documents suggesting Mchunu’s links to figures like Brown Mogotsi and Vusimuzi 'Cat' Matlala, who faces murder charges.

In response to questions about a potential conflict of interest, Gcaleka told IOL that her office's adherence to constitutional mandates remains intact.

"The constitution requires my office to act independently and impartially. To ensure objectivity, all investigations are subjected to rigorous review processes, including evaluations by senior investigators and legal teams.”

“Section 13(a) of the Public Protector Act mandates that all members serve independently and without bias. Our investigative procedures are designed to uphold these principles, regardless of previous associations,” said Ndili Msoki, PPSA Legal Advisor.

The ATM’s complaint, led by Member of Parliament Vuyo Zungula, alleges that Mchunu may have engaged in misconduct by disbanding the SAPS political killings task team, allegedly delaying investigations into politically sensitive cases, and possibly influencing the awarding of a R360 million contract to Matlala.

Zungula urged the Public Protector to probe whether Mchunu’s actions violated the Executive Members Ethics Act (EMEA) 1998.

Gcaleka assured that her office would thoroughly investigate all allegations, including whether Mchunu lied about his relationship with Mogotsi in parliamentary sessions and whether there was undue influence in the awarding of contracts. 

However, she also acknowledged that due to the scope of the complaints, the investigation might take longer than the 30 days stipulated by law.

Meanwhile, President Cyril Ramaphosa announced plans to establish a commission of inquiry to examine the allegations against Mchunu.

“We are committed to transparency and accountability,” Ramaphosa said. “The commission will ensure that all concerns are thoroughly examined, and justice is served.”

Gcaleka reaffirmed her office’s dedication to conducting a fair and independent investigation. 

“Our duty is to uphold the rule of law and protect the integrity of public institutions. I am confident that, through a transparent process, we will arrive at the truth,” she stated.

thabo.makwakwa@inl.co.za

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