Shiceka claims trips benefited SA

06 October 2011 - 03:02 By AMUKELANI CHAUKE
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In 2010, the Mail & Guardian exposed the then Minister of Cooperative Governance and Traditional Affairs, Sicelo Shiceka for not having a Masters degree. In his official curriculum vitae on the department’s website, the minister listed among his qualifications a Master’s degree in political economy from the University of the Free State, however it was established that he doesn't. File photo
In 2010, the Mail & Guardian exposed the then Minister of Cooperative Governance and Traditional Affairs, Sicelo Shiceka for not having a Masters degree. In his official curriculum vitae on the department’s website, the minister listed among his qualifications a Master’s degree in political economy from the University of the Free State, however it was established that he doesn't. File photo

Embattled Co-operative Governance Minister Sicelo Shiceka has slammed Public Protector Thuli Madonsela, accusing her of treating him unfairly, subjecting him to "trial by ambush" and presuming him guilty before giving him an opportunity to prove his innocence.

Madonsela called on President Jacob Zuma to take steps against Shiceka after finding that he was guilty of splurging over R1-million of taxpayers' money on personal trips and hotels.

She gave her report to Zuma, Shiceka and Finance M inister Pravin Gordhan two weeks ago.

She has since received their responses and plans to announce her final findings on Monday - seven days after Shiceka's reply to her report was submitted.

Shiceka has been on sick leave since February.

The Times is in possession of Shiceka's 10-page response to Madonsela. It was submitted by a departmental team appointed to assist him during his sick leave.

In the response, "Procedural fairness", Shiceka accuses Madonsela of denying him the opportunity to seek legal representation or a chance to challenge the evidence she obtained from witnesses she interviewed.

"Therefore, it is submitted that the procedure adopted by the Public Protector is unlawful and unconstitutional as it deprived [Shiceka] of his constitutional right to a fair procedure.

"Accordingly, it is a peculiar step to issue a provisional finding of fact and expect the accused official to respond thereafter as that would be tantamount to trial by ambush or, worse, to being found guilty until one proves himself innocent," the response read.

The Co-operative Governance ministry said that asking Shiceka to respond to the findings detailed in Madonsela's provisional report was "a procedural cover-up for the glaring procedural irregularities".

Last week, Madonsela slammed Business Day for publishing her provisional report in contravention of the Public Protector Act.

The newspaper reported that Madonsela called on Zuma to take remedial steps to recover over R1-million from Shiceka after she found he had used state money to travel to Switzerland to visit his girlfriend in jail in December 2008; for accommodation at the One and Only Hotel in Cape Town in June 2009 with a man he called his "spiritual father", and for taking accommodation at the same hotel after being allocated an official residence in Cape Town.

Madonsela said in her provisional finding that Shiceka misled the then acting president, Kgalema Motlanthe, and "travelled under false pretences to visit [his girlfriend] at the Anstalten Hindelbank Prison, in Berne, Switzerland, which he did on two occasions".

Shiceka responded : "The Public Protector fails to prove that the minister's visit was unofficial and deliberately ignores evidence that demonstrates that the minister's visit to Switzerland did benefit the country during the hosting of the two soccer spectacular events."

Ministry spokesman Botshelo Rakate confirmed that the response had been sent to the Public Protector.

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