South africa: Public Protector's Report on Eastern Cape Health MEC a Whitewash

The Public Service Accountability Monitor (PSAM), an independent corruption monitoring unit, has declared as a "whitewash" an investigation that cleared a top level health official of improper conduct following revelations of his substantial business interests in the health sector.

Public Protector's Report on Eastern Cape Health MEC a Whitewash

After 20 months of prevarication culminating in threats of legal action from
the PSAM the Public Protector has finally delivered his report on Eastern
Cape Health MEC, Dr Bevan Goqwana. Prior to being appointed as MEC for
Health in July 1999 Dr Goqwana was a full time public servant. Public
Service Laws make it illegal for public servants to own, run or be involved
in private businesses without authorisation. Dr Goqwana has admitted that he
owned and ran a private ambulance service and specialist medical practice
whilst he was a public servant. More importantly, Premier Stofile has
admitted that Dr Goqwana informed him of these interests before his
appointment as MEC.

The PSAM asked the Public Protector to investigate whether Dr Goqwana had
obtained authorization for these business interests in November 2000. The
only person who could grant this authorization was the then MEC for Health,
Dr Trudy Thomas. The PSAM maintained that if Dr Goqwana did not obtain this
authorization he was acting illegally prior to his appointment.
Consequently, Premier Stofile acted unprocedurally and unconstitutionally in
appointing him.

Advocate Selby Baqwa's report contains no evidence of an investigation into
this matter other than an interview with Dr Goqwana himself. Dr Trudy Thomas
has confirmed to the PSAM that she was not contacted by the Public Protector
during the course of the 20 month long "investigation".

The PSAM views Advocate Baqwa's findings, which vindicate Premier Stofile
and Dr Goqwana, as little more than a whitewash. The PSAM will now be forced
to seek out further legal recourse. This may involve approaching the courts
for a declaratory order to establish whether Premier Stofile acted within
the law in appointing Dr Goqwana.

Please visit www.psam.ru.ac.za [2] and click 'current cases' and then 'Premier's
Office' to view copies of Advocate Baqwa's report and to view the PSAM's
detailed response to this report. Alternatively, click the scrolling box on
the left-hand side when entering the PSAM website.