Mashaba welcomes court ruling against Mkhwebane's damning report during his term as mayor

02 February 2023 - 07:00
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Herman Mashaba says he looks forward to public protector Busisiwe Mkhwebane's 'reign of terror' coming to an end later this year. File photo.
Herman Mashaba says he looks forward to public protector Busisiwe Mkhwebane's 'reign of terror' coming to an end later this year. File photo.
Image: Veli Nhlapo

ActionSA leader and former Johannesburg mayor Herman Mashaba has welcomed the Gauteng High Court's decision to set aside adverse findings made against him by suspended public protector Busisiwe Mkhwebane.

The high court ruled this week that Mkhwebane’s findings were “unconstitutional, unlawful and invalid”.

Mkhwebane investigated Mashaba after allegations of maladministration relating to irregular appointments, irregular salary increases, financial mismanagement, procurement irregularities and conflicts of interest during his tenure as mayor.

She found the city had irregularly funded NGO Field Band Foundation (FBF), which deals with the scourge of drugs around Joburg but was reported to be Mashaba’s own project.

Mkhwebane found Mashaba guilty of a conflict of interest in soliciting free services from an adviser who is his wife’s business partner.

Mashaba expressed relief, saying the high court judgment brought an end to a long legal battle to clear his name.

“I am vindicated by the ruling, proving that I always acted ethically during my time in the city and in accordance with the law,” Mashaba said in a statement.

He said he was not surprised by the judgment, noting Mkhwebane has a record of failing to defend her work in court.

“Mkhwebane has yet to win any meaningful court bid defending her work since she assumed office. She has even been excoriated by South Africa's apex court, which questioned her motives and her understanding of the law. This is the latest example in a laundry list of adverse findings against her by South Africa's courts.”

Mashaba said Mkhwebane was weaponising her office to take out political opponents by creating havoc and disrupting the progress he made for the residents of Johannesburg.

“We look forward to her reign of terror coming to an end later this year and look forward to parliament applying itself to the appointment of a public protector who can discharge their role with credibility and without fear or favour. This will go a long way to restoring the confidence in that office that was eviscerated by Mkhwebane,” he said.

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