Backing for Madonsela

A SECOND report into the R320-million Electoral Commission office-procurement deal has again found commission head Advocate Pansy Tlakula complicit in maladministration that saw the tender awarded to a company with which she had links.

Constitutional law expert Professor Shadrack Gutto said the forensic report, sanctioned by the national Treasury and released yesterday, gave credence to findings contained in public protector Thuli Madonsela's 2013 report.

And should Tlakula take responsibility, this would make her position untenable.

"If she were to take responsibility, it would be difficult for her to remain in her position because the other commissioners would consider the negative effect her continued stay in the organisation will have," Gutto said.

Following the release of Madonsela's report into her conduct last year – which included actively overseeing a procurement process after scrapping the initial one – Tlakula launched a scathing attack.

She accused Madonsela of "gross procedural irregularities in the conduct of the investigation; errors of fact of law; abuse of power by the public protector leading up to the compilation of the provisional report; and submissions on legal principles regarding conflict of interests". - Kingdom Mabuza and Olebogeng Molatlhwa