"A leak of this nature is deliberate, coordinated and political in nature. Section 11 of the Public Protector Act makes it a criminal offence, punishable by a fine of R40,000 or 12 months' imprisonment."
In an affidavit, Mashaba said the report was leaked before he could respond to the allegations against him.
"I am still currently finalising our submission to demonstrate the serious errors in law and fact contained in the draft report. It would not be a difficult process to investigate who is responsible for the leak of this draft report," said Mashaba.
He said only he, Tembe, the City of Johannesburg and the public protector had possession of the draft report.
"Until the person responsible for the leak is found, I am going to hold the public protector’s office and our criminal justice system to account."