Can somebody post the whole report here.

I see papers saying that the General is guilty, now, I do not understand how 
criminal law works in our democratic country.

 Can a Section 9 institution pronounce on a guilt or no guilt of a person who 
did not have a chance to cross examine the witnesses that testify against him 
or her?

Kind regards,

Cedric Sabelo Gina



On 23 Feb 2011, at 13:51, Matela Mthwalo <[email protected]> wrote:

> Comrades,
> 
> Yesterday I was listening to SAFM when this report was presented by Ms
> Madonsela. One moron sent an SMS and called Public Protector a
> "reactionary". People have the right to express their opinions, but
> calling a head section 9 Institution of the Constitution a reactionary
> simply because she presented findings that you dont agree with is
> totally our of order!
> 
> On Cele findings, I happen to read the article in which police
> spokesperson was interview. According to SAPS the man is
> innocent...let's  see how it unfolds. I remember SAPS was sent a set
> of questions to answer, this could only mean they failed to give
> adequate answers!
> 
> MATELA
> 
> On Wed, Feb 23, 2011 at 1:31 PM, Godfrey Simelane <[email protected]> 
> wrote:
>> THE Public Protector has singled out national police commissioner General
>> Bheki Cele as being guilty of improper conduct and maladministration
>> regarding the controversial R500 million lease agreement with Roux
>> Shabangu's Roux Property Fund for the Sanlam Middestad Building in Pretoria
>> 
>> Public Protector Advocate Thuli Madonsela told a press briefing in Pretoria
>> yesterday that though Cele did not sign the lease agreement, his involvement
>> in the procurement process was improper, unlawful and amounted to
>> maladministration.
>> 
>> However, the Public Protector could not find any evidence of improper
>> relationship between Shabangu and Cele.
>> 
>> Madonsela said the SAPS failed to implement proper controls as required by
>> the Public Finance Management Act and relevant procurement guidelines, which
>> amounted to improper conduct and maladministration.
>> 
>> She recommended that Minister of Police Nathi Mthethwa take steps to ensure
>> that appropriate action is instituted against SAPS officials that acted
>> unlawful in the procurement process.
>> 
>> "The National Treasury should urgently review the purported lease agreement
>> between the Department of Public Works and Roux Property Fund in order to
>> determine if the contract can be terminated," she said.
>> 
>> The report stated that Cele challenged the legality of the Public
>> Protector's investigative process and the participation of the Special
>> Investigation Unit when he responded to the findings of the report.
>> 
>> "The national commissioner claimed that he was materially prejudiced in
>> preparing the response as he was not provided with a copy of the complaint
>> ... access to the documents, witness statements and any other evidence
>> relied upon for the findings and conclusions made in the draft report," the
>> report stated.
>> 
>> According to the report, the national commissioner also expected to be
>> provided with the identity of "the people making accusations against me
>> and/or the SAPS".
>> 
>> Regarding the Department of Public Works' involvement in the saga, Madonsela
>> said shortly after her appointment as minister of public works in October
>> last year, Gwen Mahlangu-Nkabinde was advised that the lease agreement was
>> unlawful - but her department went on to advise Nedbank, Roux's financier,
>> that the deal was still in force.
>> 
>> The Public Protector investigated the lease agreement following a complaint
>> from Freedom Front Plus' Pieter Groenewald and Paul Hoffman of the Institute
>> for Accountability in South Africa
>> 
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> 
> 
> 
> -- 
> Regards,
> 
> Matela Mthwalo
> 
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