In my capacity as the Director General of the Province of KwaZulu-Natal I hereby wish to make the following statement with regard to the latest decision of the Gauteng High Court in the matter of *Dr Nonhlanhla Mkhize v the Public Protector and others*.

In a decision delivered on 13 May 2021, the Gauteng High Court set aside the findings of the Public Protector in her report that was released in May 2019, on the Nelson Mandela Memorial events organised by the Mpumalanga Province where I was DG at the time.

In the report, the Public Protector said that in my capacity as then DG of Mpumalanga province I had among others, failed in my duties to report deviation processes in the appointment of Carol Bouwer Productions together with the amount involved, to the Provincial Treasury and the Auditor-General.

Without referring to the entire document, the Public Protector’s report said and I quote:

“Her failure to report is in violation of section 25(4) of the PFMA, read with paragraphs 3.1 and 3.2 Practice Note 6 of 2007/08, paragraph 3.1.3 of Practice Note 8 of 2007/08 and paragraph 7.2.2.5 of the Supply Chain Management Policy of the Premier’s Office. Dr Mkhize’s failure to report in terms of paragraph 6.1.3 above, renders the appointment of Carol Bouwer Productions irregular, and should have been reported or disclosed to the Auditor General,” the Public Protector stated.

Furthermore according to the Public Protector “the conduct of the Office of the Premier of Mpumalanga, particularly Dr Mkhize, constituted improper conduct as envisaged in section 182(1) of the Constitution and maladministration as envisaged in section 6(4)(a)(i) of the Public Protector Act.

The Public Protector also found that the Mpumalanga Office of the Premier irregularly spent R70 018 000.00 (seventy million rand) during the Nelson Mandela Memorial Service.

As part of remedial action, the Public Protector directed the Premier of Mpumalanga to inform the Premier of the KwaZulu-Natal of the outcome of her investigation and to take appropriate action against myself within fourteen (14) working days from the date of this report.

The Public Protector found that I had violated the Public Finance Management Act, the Constitution and the Public Protector Act by signing off on the irregular purchase of the Range Rover, an Audi Q8 and a BMW X5 for the use of the then Premier of Mpumalanga David Mabuza at a cost of almost R5-million.

The decision of the High Court sets aside the entire report and therefore puts the whole matter to rest.

I therefore wish to take this opportunity to welcome latest ruling of the Gauteng High Court which sets aside the Public Protector’s findings and clears my name.

I am also pleased to say that the Provincial Cabinet also welcomed this ruling during its sitting in Durban.

The decision comes after a long time of uncertainty and having a cloud hanging over my head. It is my view that the Public Protector’s report unfairly cast aspersions on my integrity and placed a heavy burden against me to prove my innocence. I have always believed in justice and the fairness our judicial system.

I would also like to express my gratitude to the Honourable Premier for his support during this trying period. Now that the report of the Public Protector has been set aside, one will continue to be focused fully on the work of the provincial government without any distractions. I also wish to take the opportunity to thank the Premier of KwaZulu-Natal Sihle Zikalala and the Executive Council for their support and allowing due processes of the law which has given me the chance to clear my name.

Issued by Dr Nonhlanhla O Mlkhize, Director General of KwaZulu-Natal.

For more information please contact

Lennox Mabaso, Head of Provincial Government Communication on 082 884 2403 or Thami Ngidi on 066 3066 793