Nkwinti goes to court to halt release of damning public protector report

Minister Gugile Nkwinti has approached the North Gauteng High court to stop public protector Busisiwe Mkhwebane from making public a report where he was found to have violated the the constitution and the executive ethics code.

Late on Friday, Nkwinti - who is the water and sanitation minister - sought an interim order that forced the public protector not to share the report with anyone.

But TimesLIVE understands that Mkhwebane had already issued her report before the interim order.

In the report, yet to be released by her office, but which was seen by TimesLIVE, Mkhwebane has found that Nkwinti abused his position of authority when he was minister of land and rural development, when he influenced his department to buy a farm and allocate it to his friend.

The investigation by Mkhwebane's office confirmed a Sunday Times report of 2017 that Nkwinti had introduced a former ANC staff member from Luthuli House, Errol Velile Present, to officials in his department. Eight months later the department bought a R97m farm in Limpopo and handed it to Present and his business partners.

Present is currently facing charges of involvement in cash-in-transit heists. He has been dismissed by the ANC.

Nkwinti has argued to court that the public protector has issued a report containing adverse findings against the him without providing him with an opportunity to give answers to the allegations.

In her report, Mkhwebane noted that she had given Nkwinti two extensions, and that a request for a third extension - until May 10, after this week's general election - to respond was rejected.

"Minister Nkwinti used his position to improperly benefit Mr Present and thereby exposed himself to a situation involving the risk of a conflict between his responsibilities as a minister responsible for rural development and land reform, and his personal relationship with Mr Present," the public protector says in her report.

Mkhwebane states that this was a clear violation of the executive ethics code governing the conduct of ministers and of the constitution.

"The President (Cyril Ramaphosa) must, within 30 days of publication of this report, take the appropriate action against Minister Nkwinti for violating the executive ethics code and the constitution," she instructed, tersely reminding Ramaphosa that her recommendations are legally binding unless overturned by a court of law.

Nkwinti’s spokesman Sputnik Ratau said the court will hear arguments on Monday morning and issue a final order on whether the report can be made public.

Mkhwebane was also expected to hold a press briefing on Monday.

It’s is unclear what effect the court action means to lay down, considering the report has already been made public.

The public protector launched the probe against Nkwinti following a complaint by DA MP Thomas Walters.

Mkhwebane detailed how Present introduced the Bekendvlei project to Nkwinti at a land reform conference in May before the minister referred him to his deputy director general of land reform.

"According to Mr Present, processes to acquire the Bekendvlei farm then commenced after they met Mr Mahlangu, who also introduced them to officials in the departments' Limpopo provincial office who assisted them until the farms were acquired by the department and later leased to them," the report noted.

Mkhwebane says in the report that Present confirmed his close personal relationship with the minister, who was even a speaker at his wedding.