Cde Cedric, Section 9 institution cannot pronounce on guilty or no guilty, it can only present its findings in which it can state as to whether someone did something wrong or right, that's not guilty or not guilty. Please don't pay much attention to what Journalists right, some of them have never opened a law textbook.
On the issue of crossexamination, that's not important since your are not in court, what I know is that SAPS was sent a list of questions to respond to, and the findings the public protector could only point to one thing, SAPS probably did not have answers. Its up NPA and treasury to decide whether someone commited a crime or offence in overlloking treasury regulations. Comrades, let us stop this thing of hacking governement officials. Thuli Madonsela was part of the team that drafted this very constitution, and she cannot be a reactionary. Her cridentials speaks for themselves. We don't need lapdogs to lead section 9 institutions. If she is wrong, prove that she is wrong. No political solutions here! Matela On Wed, Feb 23, 2011 at 1:53 PM, Cedric Gina <[email protected]> wrote: > Can somebody post the whole report here. > > I see papers saying that the General is guilty, now, I do not understand how > criminal law works in our democratic country. > > Can a Section 9 institution pronounce on a guilt or no guilt of a person who > did not have a chance to cross examine the witnesses that testify against him > or her? > > Kind regards, > > Cedric Sabelo Gina > > > > On 23 Feb 2011, at 13:51, Matela Mthwalo <[email protected]> wrote: > >> Comrades, >> >> Yesterday I was listening to SAFM when this report was presented by Ms >> Madonsela. One moron sent an SMS and called Public Protector a >> "reactionary". People have the right to express their opinions, but >> calling a head section 9 Institution of the Constitution a reactionary >> simply because she presented findings that you dont agree with is >> totally our of order! >> >> On Cele findings, I happen to read the article in which police >> spokesperson was interview. According to SAPS the man is >> innocent...let's see how it unfolds. I remember SAPS was sent a set >> of questions to answer, this could only mean they failed to give >> adequate answers! >> >> MATELA >> >> On Wed, Feb 23, 2011 at 1:31 PM, Godfrey Simelane <[email protected]> >> wrote: >>> THE Public Protector has singled out national police commissioner General >>> Bheki Cele as being guilty of improper conduct and maladministration >>> regarding the controversial R500 million lease agreement with Roux >>> Shabangu's Roux Property Fund for the Sanlam Middestad Building in Pretoria >>> >>> Public Protector Advocate Thuli Madonsela told a press briefing in Pretoria >>> yesterday that though Cele did not sign the lease agreement, his involvement >>> in the procurement process was improper, unlawful and amounted to >>> maladministration. >>> >>> However, the Public Protector could not find any evidence of improper >>> relationship between Shabangu and Cele. >>> >>> Madonsela said the SAPS failed to implement proper controls as required by >>> the Public Finance Management Act and relevant procurement guidelines, which >>> amounted to improper conduct and maladministration. >>> >>> She recommended that Minister of Police Nathi Mthethwa take steps to ensure >>> that appropriate action is instituted against SAPS officials that acted >>> unlawful in the procurement process. >>> >>> "The National Treasury should urgently review the purported lease agreement >>> between the Department of Public Works and Roux Property Fund in order to >>> determine if the contract can be terminated," she said. >>> >>> The report stated that Cele challenged the legality of the Public >>> Protector's investigative process and the participation of the Special >>> Investigation Unit when he responded to the findings of the report. >>> >>> "The national commissioner claimed that he was materially prejudiced in >>> preparing the response as he was not provided with a copy of the complaint >>> ... access to the documents, witness statements and any other evidence >>> relied upon for the findings and conclusions made in the draft report," the >>> report stated. >>> >>> According to the report, the national commissioner also expected to be >>> provided with the identity of "the people making accusations against me >>> and/or the SAPS". >>> >>> Regarding the Department of Public Works' involvement in the saga, Madonsela >>> said shortly after her appointment as minister of public works in October >>> last year, Gwen Mahlangu-Nkabinde was advised that the lease agreement was >>> unlawful - but her department went on to advise Nedbank, Roux's financier, >>> that the deal was still in force. >>> >>> The Public Protector investigated the lease agreement following a complaint >>> from Freedom Front Plus' Pieter Groenewald and Paul Hoffman of the Institute >>> for Accountability in South Africa >>> >>> LEGAL DISCLAIMER AND CONFIDENTIALITY NOTICE >>> >>> This message may contain information which is confidential, private or >>> privileged in nature. 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This footer can help you. >>> Please POST your comments to [email protected] or reply to >>> this message. >>> You can visit the group WEB SITE at >>> http://groups.google.com/group/yclsa-eom-forum for different delivery >>> options, pages, files and membership. >>> To UNSUBSCRIBE, please email [email protected] . >>> You don't have to put anything in the "Subject:" field. You don't have to >>> put anything in the message part. All you have to do is to send an e-mail to >>> this address (repeat): [email protected] . >>> >> >> >> >> -- >> Regards, >> >> Matela Mthwalo >> >> -- >> You are subscribed. This footer can help you. >> Please POST your comments to [email protected] or reply to >> this message. >> You can visit the group WEB SITE at >> http://groups.google.com/group/yclsa-eom-forum for different delivery >> options, pages, files and membership. >> To UNSUBSCRIBE, please email [email protected] . >> You don't have to put anything in the "Subject:" field. You don't have to >> put anything in the message part. All you have to do is to send an e-mail to >> this address (repeat): [email protected] . > > -- > You are subscribed. This footer can help you. > Please POST your comments to [email protected] or reply to > this message. > You can visit the group WEB SITE at > http://groups.google.com/group/yclsa-eom-forum for different delivery > options, pages, files and membership. > To UNSUBSCRIBE, please email [email protected] . > You don't have to put anything in the "Subject:" field. You don't have to put > anything in the message part. All you have to do is to send an e-mail to this > address (repeat): [email protected] . > -- Regards, Matela Mthwalo -- You are subscribed. This footer can help you. Please POST your comments to [email protected] or reply to this message. You can visit the group WEB SITE at http://groups.google.com/group/yclsa-eom-forum for different delivery options, pages, files and membership. To UNSUBSCRIBE, please email [email protected] . You don't have to put anything in the "Subject:" field. You don't have to put anything in the message part. All you have to do is to send an e-mail to this address (repeat): [email protected] .
