While Mkhwebane's findings cleared Mshengu of refusing to use his predecessors vehicle as well as any involvement in forging the letter, the investigation did not establish the letter's origin.
Mshengu refuted the claims of wasteful expenditure and said he saved the department money.
After the Sunday Times article a BMW X4 was purchased for Mshengu in December 2019 and the public protector's report found this process was improper and amounted to maladministration.
Mkhwebane found Nzama, now retired, responsible for not obtaining a “detailed mechanical report by the vehicle manufacturer or approved dealer” to make an informed decision on the replacement of the Mercedes-Benz as the official vehicle.
"It was only after the article was published by the Sunday Times on November 10 2019 that the HOD obtained a technical report from Mercedes-Benz SA. This report indicated that the engine of the vehicle had to be replaced. However, there was no indication that it was otherwise in a poor condition."
Approval by Nzama for the purchase of the BMW X4 for official use by Mshengu was "not in line with the provisions of the guide and his responsibilities as the accounting officer of the department in terms of section 38 of the Public Finance Management Act (PFMA)".
"It was therefore improper and amounts to maladministration. It also resulted in irregular and fruitless and wasteful expenditure, as contemplated by section 1 of the PFMA."
Remedial action to be taken
Mkhwebane tasked premier Sihle Zikala to submit a report to the provincial legislature.
Zikalala's office said on Tuesday: "The premier is studying the full contents and recommendations of the report and will in due course communicate his responses and the way forward."
The provincial Treasury has been ordered to, within two months, ensure an investigation is conducted into the conduct of Nzama and other officials of the department involved in the purchase of the BMW X4 and "action appropriate to the findings of the investigation is taken".
Mshengu to lodge complaint to KZN SAPS head
In his response to the findings Mshengu said he would lodge a formal complaint with the provincial police commissioner about the conduct of two SAPS VIP protection unit members.
"In the course of the investigation there are people whom I believe perjured themselves in the quest for adverse findings to be made against me. These people include two members of the SAPS VIP protection unit and employees within the department.
"I will take legal advice on my intention to lodge a formal complaint with the provincial commissioner of police about the conduct of these two members. I will also be asking the HOD to look into the matter of staff members who told lies under oath."
Mshengu defended Nzama, saying he was the victim of a "well-orchestrated plot" led by an official and a "cohort of scoundrels".
"To me the former HOD remains an honourable man who dedicated his entire life in making a valuable contribution to the education sector."
Nzama could not be reached for comment.
TimesLIVE
Public protector's report clears MEC, implicates former HOD in 'improper' purchase of luxury vehicle
Image: Sandile Ndlovu
Public protector Busisiwe Mkhwebane has cleared KwaZulu-Natal education MEC Kwazi Mshengu, but implicated former head of department Enock Nzama in the irregular purchase of a BMW X4.
Her report comes after a 2019 investigation by the Sunday Times which found Mshengu's department spent hundreds of thousands of rand in taxpayers' money on car hire after he took office in May.
Mshengu allegedly refused to use the one-year-old Mercedes-Benz GLE 350 used by his predecessor and political opponent Mthandeni Dlungwane, and spent at least R500,000 on vehicle hire.
The Sunday Times reported that officials answering to Mshengu appeared to have forged a letter from a Mercedes-Benz dealership advising him not to use the vehicle because it was so unsafe it could kill him.
At the time Mercedes-Benz SA said: "We can confirm that the letter referred to was not authorised by Mercedes-Benz or any of its agents."
Image: Supplied
While Mkhwebane's findings cleared Mshengu of refusing to use his predecessors vehicle as well as any involvement in forging the letter, the investigation did not establish the letter's origin.
Mshengu refuted the claims of wasteful expenditure and said he saved the department money.
After the Sunday Times article a BMW X4 was purchased for Mshengu in December 2019 and the public protector's report found this process was improper and amounted to maladministration.
Mkhwebane found Nzama, now retired, responsible for not obtaining a “detailed mechanical report by the vehicle manufacturer or approved dealer” to make an informed decision on the replacement of the Mercedes-Benz as the official vehicle.
"It was only after the article was published by the Sunday Times on November 10 2019 that the HOD obtained a technical report from Mercedes-Benz SA. This report indicated that the engine of the vehicle had to be replaced. However, there was no indication that it was otherwise in a poor condition."
Approval by Nzama for the purchase of the BMW X4 for official use by Mshengu was "not in line with the provisions of the guide and his responsibilities as the accounting officer of the department in terms of section 38 of the Public Finance Management Act (PFMA)".
"It was therefore improper and amounts to maladministration. It also resulted in irregular and fruitless and wasteful expenditure, as contemplated by section 1 of the PFMA."
Remedial action to be taken
Mkhwebane tasked premier Sihle Zikala to submit a report to the provincial legislature.
Zikalala's office said on Tuesday: "The premier is studying the full contents and recommendations of the report and will in due course communicate his responses and the way forward."
The provincial Treasury has been ordered to, within two months, ensure an investigation is conducted into the conduct of Nzama and other officials of the department involved in the purchase of the BMW X4 and "action appropriate to the findings of the investigation is taken".
Mshengu to lodge complaint to KZN SAPS head
In his response to the findings Mshengu said he would lodge a formal complaint with the provincial police commissioner about the conduct of two SAPS VIP protection unit members.
"In the course of the investigation there are people whom I believe perjured themselves in the quest for adverse findings to be made against me. These people include two members of the SAPS VIP protection unit and employees within the department.
"I will take legal advice on my intention to lodge a formal complaint with the provincial commissioner of police about the conduct of these two members. I will also be asking the HOD to look into the matter of staff members who told lies under oath."
Mshengu defended Nzama, saying he was the victim of a "well-orchestrated plot" led by an official and a "cohort of scoundrels".
"To me the former HOD remains an honourable man who dedicated his entire life in making a valuable contribution to the education sector."
Nzama could not be reached for comment.
TimesLIVE
READ MORE:
'We are not drunks,' say fuming KZN teachers after education MEC's 'slur'
MEC Kwazi Mshengu's R500,000 BMW hire being probed by public protector
Keeping an eye on the public purse for the public good
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