Acting public protector clears Gordhan on appointment of chief of staff

Kholeka Gcaleka says there was no violation of executive code of ethics

30 September 2022 - 10:52 By FRANNY RABKIN
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Acting public protector Kholeka Gcaleka. File photo.
Acting public protector Kholeka Gcaleka. File photo.
Image: Freddy Mavunda/Business Day

Acting public protector Kholeka Gcaleka has cleared public enterprises minister Pravin Gordhan in the complaint by the EFF's Floyd Shivambu about the appointment of his chief of staff, Nthabiseng Borotho.

At a media briefing on Friday, Gcaleka said Gordhan “did not act in violation of the executive code of ethics when he appointed Borotho as chief of staff”. 

He sought approval for her appointment in terms of public service regulations from former minister Senzo Mchunu “by way of a deviation for Ms Borotho's lack of formal qualifications”. 

Gordhan's conduct was not inconsistent with the constitution and therefore not in breach of code.

She also found the department acted lawfully when it appointed Abacus Financial Crime Advisory to investigate public servants suspected of leaking information about the appointment of Borotho. 

The appointment was “in compliance with the constitution, preferential procurement policy and broad-based black economic empowerment legislative framework”, said Gcaleka, adding it did not amount to improper conduct or maladministration.

Shivambu made the complaint to the public protector on November 24 2020.

This is a developing story.

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