By Thabo Mosia
The Democratic Alliance (DA) in Gauteng has raised serious concerns regarding Premier Panyaza Lesufi’s alleged contravention of the Executive Members’ Ethics Act. The DA has formally requested that the Public Protector, Adv. Kholeka Gcaleka, investigate the Premier’s involvement in a series of meetings which the DA argues were outside his jurisdiction and likely influenced decisions surrounding internal ANC matters and staff issues in the Gauteng Provincial Legislature (GPL). The party contends that Premier Lesufi’s involvement in these meetings, which discussed matters such as disciplinary proceedings and NEHAWU’s demands, undermines the separation of powers and represents a misuse of his executive role.
DA’s Formal Complaint to the Public Protector
DA Gauteng Leader and Leader of the Official Opposition, Solly Msimanga, submitted a formal complaint to the Public Protector, outlining instances where he believes Lesufi disregarded ethical standards and legislative boundaries. This complaint references sections 3 and 4 of the Executive Members’ Ethics Act, which mandate transparency, accountability, and adherence to clear ethical standards by government officials.
The DA’s concern stems from an affidavit by Peter Skosana, a former GPL Secretary, which details a meeting on 11 October 2023, allegedly convened by ANC Chief Whip Lesego Makhubela. According to the affidavit, Premier Lesufi participated in discussions involving disciplinary actions, the contentious “13th cheque” for staff, and NEHAWU’s relationship with the Legislature – issues the DA argues should have been handled by the Speaker of the Legislature rather than the Premier.
Alleged Irregularities and Executive Overreach
The DA maintains that Premier Lesufi’s participation in these meetings illustrates a misunderstanding or disregard for the clear separation of powers between Gauteng’s executive and legislative branches. Solly Msimanga argues that such meetings fall within the Speaker’s mandate and that Lesufi, as a member of the executive, overstepped his authority.
According to the affidavit, the meeting addressed NEHAWU’s grievances, including threats to withhold election support unless specific demands, such as the 13th cheque and the halting of disciplinary proceedings for certain staff members, were met. Msimanga asserts that Lesufi’s participation compromised the integrity of these proceedings and represented an effort to align political goals rather than uphold the best interests of the Legislature or the people of Gauteng.
Background of the 13th Cheque Dispute and Disciplinary Issues
The 13th cheque issue has been a point of contention within the GPL. Financial constraints had led the Legislature Services Board (LSB) to decide against providing the annual bonus for the 2021/2022 period, resulting in backlash from NEHAWU and leading the matter to the Commission for Conciliation, Mediation and Arbitration (CCMA). In September 2023, the CCMA ruled in favour of NEHAWU, compelling the GPL to issue the 13th cheque.
Peter Skosana’s affidavit explains that discussions regarding the cheque and other staff grievances led to the establishment of a task team in October 2023, headed by senior ANC members. According to Skosana, Premier Lesufi’s involvement in these meetings included participation in discussions on disciplinary proceedings against 34 employees implicated in fraudulent Subsistence and Travel (S&T) claims during the COVID-19 pandemic. Skosana argues that these disciplinary issues fell under the purview of Legislature management, not the executive branch.
Political Repercussions and Responses from the DA
The DA has characterised Premier Lesufi’s actions as a severe breach of ethical guidelines, calling his participation in the meetings a political manoeuvre aimed at resolving internal ANC matters at the expense of governance standards. Solly Msimanga has publicly denied accusations of a “witch-hunt,” arguing that the DA’s pursuit of accountability would remain steadfast regardless of the DA’s exclusion from the Government of Provincial Unity (GPU).
The DA has been transparent about its sources, referencing the affidavit and attached documentation, which Msimanga insists reflect impartial evidence supporting their claim. The party’s insistence on an investigation underscores the DA’s commitment to ethical governance, accountability, and transparency, and the necessity to challenge what it perceives as abuses of executive power.
Ethics Act and Separation of Powers – Legal Implications
The DA’s complaint to the Public Protector is grounded in the Executive Members’ Ethics Act of 1998, which enforces a code of conduct on public officials, prohibiting any conflicts of interest or acts inconsistent with the responsibilities of their office. Msimanga emphasised that sections 2.1 (c) and (d) of the General Standards, which outline the principles of good faith and integrity, are fundamental to maintaining public trust.
The DA argues that Lesufi’s alleged interference in the GPL’s internal matters disregards these principles, as he acted outside his jurisdiction in an attempt to address what the DA views as internal ANC matters. The DA contends that this misuse of power infringes on the Legislature’s autonomy and sets a troubling precedent for governance standards within the province.
Affidavit Details and Implications for Premier Lesufi
The affidavit submitted by Peter Skosana provides critical insights into the DA’s case. According to Skosana, the October meeting, convened by ANC Chief Whip Lesego Makhubela, saw the participation of key ANC figures, including Premier Lesufi. This meeting addressed NEHAWU’s ultimatum to withdraw support unless the 13th cheque was paid and disciplinary action halted for the 34 employees implicated in fraudulent claims.
Skosana highlights that this meeting led to further irregularities, as the disciplinary proceedings, which were management’s responsibility, were paused due to political pressures. The DA argues that Lesufi’s presence and likely influence in these decisions exemplify executive overreach and could undermine public trust in the integrity of Gauteng’s governance.
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