The award of damages for breach of contract is undisturbed, and final judgment for that amount is entered on this appeal. The judgment of the circuit court, dismissing these claims with prejudice on demurrer, is affirmed. The averment that the employees acted in the scope of their employment created a rebuttable presumption, applicable at the pleading stage as well as at trial, that they committed tortious acts in the scope of their duties of employment and in the service for which they were engaged.
It is against this backdrop that the following remarks must be understood: Key allegations vi The investigation emanates from complaints lodged against the President by Father S. Mcebisi Jonas, was allegedly offered the post of Minister of Finance by the Gupta family long before his then colleague Mr.
Nhlanhla Nene was abruptly removed by President Zuma on December 09, Des Van Rooyen on 09 Decemberwho was also abruptly shifted to the Cooperative Governance and Traditional Affairs portfolio 4 days later, following a public outcry.
Maimane stated amongst other things that: The Complainant wanted to know if it was appropriate for the Cabinet to assist a private business and on what grounds was that happening.
He asked if corruption was not involved and specifically asked if such matters should not be dealt with by the National Consumer Commission or the Banking Ombudsman. The provisions of the Prevention and Combatting of Corrupt Activities Act were invoked with regard to allegations regarding the alleged offer of a Ministerial position by the Gupta family to Ms.
Mentor in return for cancelling the India route of the SAA, in the vicinity of President Zuma, and related allegations. The provisions of the Protected Disclosures Act, 26 of were also taken into account.
The Public Protector has the power, as regulated by national legislation- a to investigate any conduct in state affairs, or in the public administration in any sphere of government, that is alleged or suspected to be improper or to result in any impropriety or prejudice; b to report on that conduct; and c to take appropriate remedial action.
The Public Protector must investigate any alleged breach of the code of ethics on receipt of a complaint contemplated in section 4.
It was also given priority because of the allegations having the potential of undermining public trust in the Executive and SOEs. Additional resources were requested from government with a view to handling it like a Commission of Inquiry and R1.
Section 7 details the processes that may be followed, which involves an inquisitorial process that includes requests for information, subpoenas and interviews. None of the parties challenged the jurisdiction of the Public Protector. What should have happened?
The same approach was taken in relation to allegation of suspected conduct regarding awarding of tenders by SOEs and other organs of state and extension of other benefits to Gupta owned companies.
The division of work was to accommodate the time and resource limitations by addressing the pressing questions threatening to erode public trust in the Executive and SOEs while mapping the process for the second and final phase of the investigation.
President Zuma was also advised on 22 April and before the expiry of the mandatory 30 days for the completion of the investigation that it was not going to be possible to conclude the investigation within 30 days due to resources and communication challenges.
The investigation team also interviewed Mr Maseko, who was also identified by the media as a whistle-blower. Interviews were also conducted with several other ministers and other selected witnesses.
Documents were requested from appropriate persons and institutions and analysed and evaluated together with the oral evidence to establish if any of the allegations could be corroborated.
Towards the conclusion of the investigation persons who appeared to be implicated by the evidence collected by then were served with notices in terms of section 7 9 of the Public Protector Act to alert them of such evidence and the potential of adverse findings and afford them the opportunity to respond.
I also invited President Zuma to comment on the allegations. My investigation was conducted through meetings and interviews with the Complainants and witnesses as well as inspection of all relevant documents and analysis and application of all relevant laws, policies and related prescripts, followed.
Regarding whether President Zuma improperly and in violation of the Executive Ethics Code, allowed members of the Gupta family and his son, to be involved in the process of removal and appointment of the Minister of Finance in December This looks anomalous given that at the time he was a Member of Parliament based in Cape Town.
There might even be a violation of Section 2. Failure to verify such allegation may infringe the provisions of Section 34 of Prevention and Combatting of Corrupt Activities Act, 12 of which places a duty on persons in positions of authority who knows or ought reasonably to have known or suspected that any other person has committed an offence under the Act must report such knowledge or suspicion or cause such knowledge or suspicion to be reported to any police official.
If this is the case, the provision of Section 2. In view of the fact that the allegation that was made public included Mr Jonas alleging that the offer for a position of Minister was linked to him being required to extend favours to the Gupta family, failure to verify such allegation may infringe the provisions of Section 34 of Prevention and Combatting of Corrupt Activities Act, 12 of which places a duty on persons in positions of authority who knows or ought reasonably to have known or suspected that any other person has committed an offence under the Act must report such knowledge or suspicion or cause such knowledge or suspicion to be reported to any police official.
Whether President Zuma improperly and in violation of the Executive Ethics Code, allowed members of the Gupta family and his son, to be involved in the process of appointing members of Board of Directors of SOEs a A similar duty is imposed and possibly violated in relation to the allegations that were made by Mr Maseko about his removal.
The same to applies to persistent allegations regarding an alleged cozy relationship between Mr Brian Molefe and the Gupta family. In this case it is worth noting that such allegations are backed by evidence and a source of concern that nothing seems to have been done regardless of the duty imposed by Section of the Constitution on relevant State functionaries.
Only the African National Congress and Parliament seemed to have considered this worthy of examination or scrutiny.
This needs to be looked at in relation to a possible conflict of interest between the President as head of state and his private interest as a friend and father as envisaged under section 2.
Sections 96 2 b and c of the Constitution are also relevant. Whether anyone was prejudiced by the conduct of President Zuma a Deputy Minister Jonas would be regarded as a liar and publicly humiliated unless he is vindicated in his public statement that Mr Ajay Gupta offered the position of Minister of Finance to him with the knowledge of President Zuma who subsequently denied such offer.
Whether any state functionary in any organ of state or other person acted unlawfully, improperly or corruptly in connection with the appointment or removal of Ministers and Boards of Directors of SOEs a It appears that the Board at Eskom was improperly appointed and not in line with the spirit of the King III report on good Corporate Governance.Human astronauts are such a bother when it comes to space exploration.
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