By The Public Protector (PP) in its investigation into the late Free State’ MEC for Education Tate Makgoe’s funeral and that of his protector found that it was irregular and excessive in expenditure.
PP Adv. Kholeka Gcaleka in her report said the allegations lodged by the Democratic Alliance (DA) in the Free State have been substantiated. The DA Leader and Member of Legislature Dr Roy Jankielsohn reported the matter to the PP on 31 May 2023, alleging that the Office of the Premier spent R3 432 676 for the funeral of Tate Makgoe.
In its findings, the PP found that the Office of the Premier, led by former Premier Mr Mxolisi Dukwana appointed the controversial company C-Squared as the events coordinator and event service provider in a short space of time, and it is unclear whether competitive bidding processes were followed.
Gcaleka says, just the appointment of C-Squared is suspicious on its own because it is the same company caught up in the Macufe saga and the matter is still in court.
“C-Squared was implicated in the highly publicised “Macufe tender case” where the appointment was declared unlawful by the court and the matter is currently being investigated by the Directorate for Priority Crime Investigation (DPCI); and The “re-appointment” of a company that has already embarrassed the Free State Provincial Government (FSPG) and tainted the image of the Mangaung Annual Cultural Festival (Macufe), is very suspicious,” said the PP in her report.
The Public Protector investigated the matter into irregular appointment of C-Squared and excessive expenditure. The PP found that an amount of R5.9 million was spent on the funeral and events leading up to the funeral.
Makgoe received a category one Provincial funeral, whereby funeral policy has a loophole, the amount for a funeral is not defined, it just says ‘reasonable costs’.
“Even though the Funeral Policy does not define “reasonable costs”, cognisance must be taken that R 5.9 million Rand for a funeral could have never been the intention of the policy. Reasonable costs should be understood within the ambit of “funeral undertaker costs including the coffin and limited catering for the family and State/Official guests”. In this instance, the functionaries went beyond same,” said PP Kholeka Gcaleka.
The report further revealed that C-Squared in its quotation including items that were not requested by the Office of the Premier but received business anyway.
The PP issued the following remedial actions:
The Presidency
Within one hundred and twenty (120) calendar days from the date of this report, in line with section 85(2)(b) of the Constitution and in consultation with the National Treasury review the Funeral Policy to determine the actual costs related to services that are expected to be offered per funeral category, in light of the deficiencies identified in this report.
The Director General – National Treasury
Take cognisance of this report in line with powers contemplated in section 6(1)(f) and (g) of the PFMA and collaborate with the Presidency to determine the actual costs related to services that are expected to be offered per funeral category, in light of the deficiencies identified in this report as contemplated in paragraph (aa) above.
The Premier
Within ninety (90) calendar days from the date of this report, in terms of section 84 of the PFMA, take disciplinary action against Mr Ralikontsane for failure to execute his duties in terms of section 38 of the PFMA relating to the events leading up to and funerals of Mr Makgoe and Mr Mdi.
Within ninety (90) calendar days from the date of this report, in terms of section 84 of the PFMA, ensure that disciplinary action is taken by the Director General against the functionaries of the FSOP mentioned in paragraph 8.3.4 hereunder.
The Director General
Within sixty (60) calendar days from the date of this report, in line with section 7(3)(b) of the Public Service Act, 1994, as amended and section 38(1)(h) of the PFMA, initiate disciplinary proceedings against Mr Martins, Mr Tsunke, Ms Tsimele and Mr Kokoana, for violating the provisions of the Constitution, contravening section 45(a) to (d) of the PFMA and paragraphs 2.2, 2.3, 2.4 and 2.5 of the SCM Policy, for their participation in the procurement process and appointment of C-Squared and appraise the Premier on the steps taken.
The Directorate for Priority Crimes Investigation (DPCI)
A copy of this Report is provided to the DPCI as a referral in terms of section 6(4)(c)(ii) of the Public Protector Act, to consider this Report and to establish if any acts of impropriety identified herein amount to criminal conduct in terms of the Prevention and Combating of Corrupt Activities Act, 2004.
Dr Roy Jankielsohn of the DA in the Free State has since welcomed the report of the PP and said the DA will monitor the implementation of the remedial actions as recommended by the Public Protector.
Jankielsohn says the report is in agreement with the DA that the funeral costs were excessive.
“The DA will continue to be an effective opposition in the Free State to ensure accountability and that residents get value for money from government expenditure. Where officials and politicians transgress the law, the DA will hold them accountable,” said Jankielsohn.
