Maele Snooks DCEC
Staff Writer | Monday June 19, 2017 16:48
Maele is the Minister of Land Management, Water and Sanitation Services. In a strongly-worded letter of demand dated June 15, 2017, attorney Uyapo Ndadi wrote that: “Our instructions are that you have ongoing investigations against our client. While our client does not wish to appear like he is interfering with your investigations, he is concerned that your office, for the lack of a better word, is carrying out its investigations in an unlawful, unethical and unprofessional manner”.
Ndadi submitted that their view finds support in Section 19 B of the Corruption and Economic Crime, which provides that:
Without prejudice to any other written law, an officer or support staff of the Directorate shall not disclose or use any information gained by him or her by virtue of his or her employment otherwise than in the strict course of his or her official duties or with the authority of the Director-General. A person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a term of imprisonment not exceeding three years.
The soft-spoken Ndadi said what has happened is clearly in violation of this law unless DCEC granted authority for such publication and disclosure, which would be surprising and shocking to say the least. “Our client, in the event that we are correct that you did not grant the permission to disclose to third parties, would want to formally report the matter with the police to investigate and let the perpetrator face the legal consequences of section 19 B (2).
“It appears that the said report, which should be confidential information at this stage as no charges have been laid against our client, emanates from your organisation. Our client is of the view that the investigation, coupled with the publications, is being used to advance or settle political or business scores against him. Consequently, our client suffers a great deal of injustice as allegations that are not tested or may never be tested, are made against his character. It appears your office is complicit.”
He continued to say that the ‘public’ investigations are also likely to compromise the reliability of the sources and the information in totality as gaps in the investigations are put out there for all to help plug or frustrate. The public impression may also interfere with the objectivity of the investigations thereby undermining the fact findings. “On the other hand we cannot help but say that the public will lose confidence (if it still has it) in the DCEC if investigations become open to public scrutiny and spectacle while still on going. In the event it turns out that the client is cleared of all charges, the DCEC would have partook in the disparaging of client’s reputation. We expect the DCEC to have officers of integrity and above all, officers who respect the very statute that created the DCEC.”
Ndadi is looking forward to hearing from the DCEC shortly regarding who disclosed the information to some newspapers. He said it was reported that one Itumeleng Phuthego had confirmed that DCEC is investigating Maele.
“Perhaps that could be your starting point as the said Phuthego is making disclosures that they are building a case relying on the public and that the DCEC is going to unearth the rot behind the Pula North –South Carrier II which he said is marred by alleged corrupt practices.
Already the objectivity of the investigations is suspect at this stage as it may appear that the DCEC is under pressure to satisfy its suspicions at whatever cost, including but not limited to appealing to the public by opening investigations for help.” Phuthego also informed the publications that the permanent secretary, Thato Raphaka would also be called for interview.
This is also damning as the identity of sources is supposed to be protected by the DCEC. Otherwise it may result in the sources not being free to say the truth as the truth may be at odds with the public perception, resulting in a possible miscarriage of justice.
“Our client has already been found guilty by courts of public opinion and in the event that the DCEC does not proffer charges against him, the damage would already have been done to his reputation.
No amount of apology or money can restore his dignity fully, hence the need to ensure that while investigations are ongoing, people’s rights are not compromised, irrespective of the positions they hold,” Ndadi wrote. He gave DCEC seven days to respond.