KZN MEC’s Merc purchase ‘cannot be justified’ – Public Protector
The Public Protector's found that KZN Education's
purchase of a BMW X4 for MEC Kwazi Mshengu’s official use cannot be justified
and was unlawful.
"It's concluded that the approval of the HOD of the purchasing of the BMW X4 unlawfully. Official use of the MEC Mshengu was not in line with the provision of the guide and responsibilities,” Busisiwe Mkhwebane said on Monday.
Her office revealed the findings after an investigation.
A probe was launched after she received a complaint from the DA's Imraan Keeka and following a Sunday Times report. According to the article in 2019, a forged letter from Mercedes Benz South Africa claimed that the vehicle Mshengu previously used, a one-year-old Mercedes Benz GLE 350, wasn't safe.
Mkhwebane says the investigation focused on two issues.
"Whether MEC Mshengu used the vehicles in his official capacities instead of an official car and if so whether his conduct was in proper constitutes a breach of the executive ethics act code.
“Whether the purchase of the new vehicle for the MEC and the Department of KZN in December 2019 was not in accordance with the law and other prescripts.”
She says there was no evidence linking Mshengu to wrongdoing as they couldn't trace the origin of the letter.
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"There is no indication in the evidence that the HOD made any attempt to obtain a detailed mechanical report by the vehicle manufacturer in order to make an informed decision on the replacement of the Mercedez Benz.
“When he commenced the process of purchasing a new car in 2019, it was also after the Sunday Times article that the HOD obtained a technical report for the Mercedez Benz, this report indicated that the engine of the vehicle had to be replaced, however, there was no indication that it was otherwise in a poor condition.”
