Public Protector clears Macpherson over R800m tender allegations

Public Protector Kholeka Gcaleka has cleared Public Works and Infrastructure Minister Dean Macpherson of all allegations linked to a complaint lodged by the Economic Freedom Fighters (EFF) over the R800-million Pressure Swing Adsorption (PSA) Oxygen Plant tender managed by the Independent Development Trust (IDT).

The complaint accused Macpherson of unlawfully interfering in the awarding of the tender and breaching the Executive Ethics Code by improperly intervening in the affairs of the IDT. It followed the minister’s enquiries into delayed payments to service providers, which the EFF claimed amounted to undue interference.

In a statement released on Tuesday, Minister Macpherson’s spokesperson, James De Villiers, said the Public Protector’s investigation found that the minister had complied with Treasury regulations relating to the payment of service providers. The report concluded that Macpherson acted within his authority as the shareholder representative of the IDT and that there was no evidence of undue influence, bribery, favouritism, conflict of interest or abuse of power.

The findings further confirmed that Macpherson’s conduct did not violate section 96 of the Constitution or the Executive Ethics Code.

Macpherson welcomed the report, saying it vindicated his long-held view that the complaint, along with ActionSA’s subsequent call for his suspension, was part of a coordinated attempt to intimidate him and obstruct efforts to probe alleged corruption and governance failures at the IDT.

“The Public Protector’s findings confirm what I have said from the start: this complaint was never about ethics or accountability, but about obstructing reform at a time when sensitive investigations were underway at the Independent Development Trust in relation to the R800-million oxygen plant tender,” Macpherson said.

He added that the report supports the department’s efforts to stabilise and reform the IDT so it can effectively deliver social infrastructure across South Africa. Macpherson also indicated that he is considering civil litigation against individuals and parties who, he claims, repeated false allegations against him.