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The South African Communist Party (SACP) in Gauteng Province is deeply shocked and dismayed by the pathetic and ludicrous attempts by the Democratic Alliance (DA) in Gauteng Province to sweep allegations against the Mayor of the City of Joburg Herman Mashaba under the carpet.

The DA is desperately seeking to abuse the apology by the Sowetan newspaper to clear Mashaba of any wrong doing. This shocking revelation was announced by the DA during the debate on the Honourable Premier David Makhura’s State of the Province Address that took place yesterday 1st of March 1 2018 in the Gauteng Provincial Legislature.

We have carefully studied and analysed the apology by the Sowetan newspaper and have come to the conclusion that the apology was purely on technical matters such as natural justice as it relates to consultation, existence of a contract and payment of the service provider. We are deeply convinced that in all fairness the apology was certainly not about the merits of the allegations.

We also took note of the fact that just next to the same apology by the Sowetan newspaper, under the title of Mashaba right of reply, the Mayor literally implicated himself as having committed the offense for which we believe he must be held fully accountable.

We strongly believe that our country’s constitution, the Municipal Finance Management Act and the supply chain policy of the City requires that principles of fairness, openness and transparency be applied in sourcing services from service providers through competitive bids.  

We strongly believe that these constitutional, legislative and policy requirements apply to service providers whether they have contracts, provide “free service” or provide services at the lowest possible price.

We find it even extremely concerning that Mashaba allowed his wife’s company, whether through business associates, to provide services without a proper contract and service level agreement. We believe that this is clearly abuse of power and therefore Mashaba has a case to answer.

We are deeply convinced that the “free service,” scope of work, its quality and inherent risks should be clearly regulated in a proper contract to protect the City, its property and officials from any potential risk.

We believe that Mashaba should not be allowed to conclude and make “gentle man’s, wife and ladies’” deals without properly written contracts and service levels agreements.

We are deeply convinced that the City is not Mashaba’s personal property or hair salon where clients and service providers can come in and out without contracts and service level agreements.

We are further concerned that the so-called “free lunch” was not even contractually regulated and that it is a grave violation of clean governance and sets a wrong precedent.

We reaffirm our principled conviction that Mashaba’s wife’s company stands to benefit in many respects from the so-called “free services”. The company could draw a reputational dividend and enhance its corporate profile which it will benefit it in the course of doing further business.

We believe that the illegal practice of so-called “free service” by the Mayor will set a wrong precedent in case the City was to be approached by other companies on the same principle that was applied to Connie Mashaba’s company. In case this were to happen, we wonder how the City would deal with such unsolicited offers while applying principles of fair administrative justice.

Having considered these shenanigans by the DA in Gauteng Province, we are more than ever determined to ensure that Public Protector Advocate Busisiwe Mkhwebane moves promptly and swiftly to fully investigate the allegations against Mayor Herman Mashaba.

We will continue to make follow ups with the Office of the Public Protector to establish the details of the commencement of the investigation.

Issued by the SACP Gauteng province