Phumelela Win Stay Of Public Hearings

Public Protector required to provide adequate notice

The Pretoria High Court ordered Public Protector Busisiwe Mkhwebane on Monday to postpone her planned hearings into horseracing which were scheduled to start today.

This followed Phumelela’s urgent application for the hearings to be postponed to ensure the company’s right to a fair process.

In an earlier statement, Phumelela reiterated that it had not applied for the hearings to be interdicted or cancelled, contrary to an erroneous news report in this regard, notably by Sporting Post.

“Phumelela does not wish to impede or obstruct the hearings. It merely seeks to ensure that its right to a fair process is protected, and that it is afforded an opportunity to participate in the hearings in the interest of a conclusive outcome,” read the earlier statement by Phumelela.

“Should the hearings be properly convened, with adequate notice and a fair opportunity for all affected parties to participate therein, Phumelela is certain that the Public Protector will be in a position to make a well informed final decision in respect of her investigation.”

Phumelela issued this press release on 2 September 2018

Although the Public Protector alluded to the planned public hearings in April this year, no further information was forthcoming – until a media statement was issued on Wednesday last week announcing that the hearings would start today with Mkhwebane hearing evidence from the complainants.

This was, however, never communicated to Phumelela. Phumelela only became aware of the planned hearings through the press.

“Phumelela welcomes the investigation and wishes to participate in any public hearing stemming from the investigation. Phumelela is determined to cooperate fully to ensure that the investigation is concluded as swiftly as possible.”

The Pubic Protector’s investigation into the corporatisation of the racing industry in the late 1990’s stems from complaints lodged by Ms. P Kema, Mr C Simoto and Mr H Manjoo in 2012 and 2013.

-Press Release issued by Phumelela Gaming & Leisure on Monday 3 September 2018

Ed – as regards the reference in this press release to an alleged erroneous report carried by ourselves, we can confirm that our journalist was in communication with PP Spokesperson Oupa Segalwe on Friday, who confirmed the application for the interdict by Phumelela.

Here is the original report

We then reported that the interdict would ‘postpone or possibly even halt the Public Protector’s forthcoming hearings’. That was not an unreasonable inference to draw from the information provided.

What is important is that the investigation itself has not been interdicted. Therefore normal investigative processes will continue. This means that they (the PP) will still hear from witnesses, but not in public hearings.

 

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