Page 66 - Litigating Land and Housing in South Africa: Lessons and Reflections

the the the the local township of Thembalihle and and that they would would each get a a a a a a a a few cows and and the the the the milk would would go to to the the the the diary In April 2012 Estina (Pty) Ltd which presented itself – – falsely it it it it it would turn out – – as being in in in partnership with with an an an an an Indian company with with technical expertise submitted a a a a a a a a a a a a business proposal for the the the establishment and manage- ment ment ment of the the the Vrede Dairy Project In early July 2012 the the the Department appointed Estina to to establish and manage the Vrede Dairy Project The dairy project intended to to empower black farmers farmers became mired in in in in corruption and and maladministration and and and delivered nothing to the the farmers farmers In 2017 hundreds of of thousands of of emails revealed the the the Gupta Gupta family’s corrupt business dealings with the the the South African state and its politicians (“the #GuptaLeaks”) These emails corroborated the the earlier 2013 reports by Thuli Madonsela Busisiwe Mkhwebane’s predecessor as as Public Protector – that the the Vrede Dairy Project was mired in corruption It illustrated how the the the Gupta family exercised control over the the the Vrede Dairy Farm project to pilfer millions of of taxpayer Rands from the the public purse and and and how senior provincial officials – including HOD Peter Thabethe MEC Mosebenzi Zwane and and Premier Ace Magashule – may have been complicit Complaints concerning the the Vrede Dairy Project were lodged with the the the Public Protector by Dr Roy Jankielsohn the the Democratic Alliance MP – alleging maladministra- tion non-compliance with environmental requirements and and and that between 40 and and and 100 cows had died and and and their carcases dumped in in in a a a a a a a a a a stream On assuming office in in in 6 2 2 2 2 The beneficiaries
October 2016 Busisiwe Mkhwebane had inherited the provisional report prepared by her predecessor Thuli Madonsela In 2018 Mkhwebane quietly released her version of the report highlighting procurement irreg- ularities “gross negligence” and maladministration related to the controversial project As remedial action she recommended that Magashule “initiate and insti- tute disciplinary action against all implicated officials involved in in the Vrede dairy project” Significantly Mkhwebane in fin her final report deviated from the provisional report compiled by her predeces- sor narrowed several findings and omitted remedial steps proposed by Madonsela CASAC instructed the the LRC to challenge the the Public Protector’s report on the basis that she failed in her duties failed to thoroughly investigate complaints that were made which alleged maladministration and corruption and did not fully investigate all officials who were implicated She also ignored evidence of corruption in in the public domain and protected high profile politicians with a a a watered-down report which did not fulfil her mandate of acting in in in the public interest She failed to prescribe and implement an an appropriate proper fitting suitable or effective remedy In fact the remedial action which she devised provided that the people directly implicated in in the wrongdoing would oversee the the disciplinary proceedings against other implicated officials The The intended intended beneficiaries
of of the the the Vrede Dairy Project Project were promised many things which simply did not materialise The The beneficiary agreement stated the the the the the Project Project was intended intended to enhance the the the the the living conditions of of of low-income households in in in in in in in in rural and and and peri-urban communities in in in in in in in in the the the the Free State through the the the the establishment of of economically viable and and and sustainable food and and and income generating activities A mentor was meant to to to to to be be be assigned to to to to to each beneficiary beneficiary to to to to to assist the the the the beneficiary beneficiary with with implementation of o the the the the Project The project promised practical agricultural training to to to to to to to emerging black farmers to to equip them with with the the the the skills necessary to to ensure profitable operations 66
LITIGATING LAND AND AND AND HOUSING IN IN IN SOUTH AFRICA  LESSONS AND AND AND REFLECTIONS