The DA in Gauteng wants access to 177 forensic investigation reports in Premier Panyaza Lesufi's office.
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The DA will wait for the Information Regulator to conclude its investigation of Gauteng premier Panyaza Lesufi’s refusal to release forensic investigation reports, which it claims is an attempt to shield corrupt officials and politicians.
The 177 forensic investigation reports, some of which date back to 2016, have all been to institutions such as the Special Investigating Unit, the National Prosecuting Authority, and the Office of the Public Protector, according to the provincial government.
Some of the reports relate to the Anglo Ashanti Hospital, Tembisa Hospital, and the driving license testing centres, which involved vast sums of money stolen and misused.
The DA demanded full access to the reports in October last year and Lesufi’s office refused the request for access to the records requested.
However, the refusal did not provide adequate reasons in terms of the provisions of the Promotion of Access to Information Act (PAIA) that the Office of the Premier relied on.
The DA appealed the decision to refuse access to the reports internally in November but the appeal was dismissed the following month.
In January, the official opposition in the province approached the Information Regulator, which has issued its pre-investigation report into the party’s complaint.
”The regulator has decided to investigate the complaint to ascertain if the complainant must be given access to records of the public body in accordance with Section 11(1) of PAIA,” reads the pre-investigation report.
It found that there is a prima facie case that the complainant met the minimum requirements prescribed in PAIA, in that, the request form was duly submitted to the public body.
”The information officer of the public body (Office of the Premier) did not comply with the provision of Section 56(3)(a) of PAIA, which provides that if the request for access is refused, the decision on request and notice thereof must state adequate reasons for the refusal, including the provisions of this act relied on,” the report stated.
In addition, Lesufi’s office also refused to grant access after the DA’s appeal and did not state adequate reasons for the refusal, including the provisions of PAIA relied on as well as the grounds for refusal of access.
According to the Information Regulator, the alleged refusal by Lesufi’s office to grant access, as well as the failure to state adequate reasons for the refusal, including the provisions of PAIA relied on, necessitates an investigation of the complaint to ascertain if the requester (DA) must be given access to the records.
The investigation will also determine if the DA complied with all the procedural requirements in PAIA relating to the request for access to the records as well as whether access was refused on any ground for refusal contemplated in the Act.
DA leader in the Gauteng provincial legislature, Solly Msimanga, said Lesufi’s refusal to make the reports public was just an attempt to shield corrupt officials and politicians despite the premier constantly preaching about how his administration is committed to eradicating corruption but he continues to hide the details of alleged corruption.
He said Lesufi has failed to walk the talk as parts of the forensic reports have been leaked and indicate that there is widespread corruption taking place in the provincial government.
”The DA Gauteng welcomes the preliminary investigation report findings and will give the Information Regulator the time to complete their investigation,” Msimanga said.
Lesufi’s office has indicated that while it is committed to making the reports public, it must always follow due process, which includes ensuring that the rights of the accused are not infringed.
Additionally, it stated that the provincial government is collaborating with key state institutions to develop a more strategic approach for consolidating and releasing forensic investigation findings as part of its next biannual state of ethics report to be released by the Gauteng Ethics Advisory Council.
loyiso.sidimba@inl.co.za