IEC head guilty of unlawful conduct

ELECTORAL Commission chairwoman Pansy Tlakula is guilty of misconduct and should be removed from office.

UDM president Bantu Holomisa, who blew the whistle on the allegations against Tlakula three years ago, said he felt vindicated by the ruling, and that the best option for her was to resign, as she “continues to ridicule herself and in the process create an anxiety amongst other commissioners.”

Her presence also damaged the integrity and image of the IEC, he added.

In a scathing judgment, the Electoral Court sitting in Johannesburg yesterday recommended that a parliament committee find that Tlakula committed “misconduct warranting her removal from office”.

The court made the ruling after an application by five political parties – UDM, the African Christian Democratic Party, Agang SA, COPE and the Economic Freedom Fighters.

The findings related to a flawed procurement process for leasing of the commission’s premises in Centurion in 2009, when Tlakula was chief electoral officer.

The parties wanted Tlakula removed after Public Protector Thuli Madonsela last year found her guilty of improper conduct and maladministration.

The political parties had argued that the commission’s credibility was compromised because of Tlakula’s “undisclosed and unmanaged conflict of interest” in the lease, which was awarded to Abland – a company in which her business partner, prominent ANC politician Thaba Mufamadi, had a stake.

In his judgment, Judge Lotter Wepener found that Tlakula’s misconduct had been established “on a balance of probabilities”.

Wepener found that not only had Tlakula deliberately broken the law, but she had tried to escape liability and blamed others.

He also found that her account that she had made an “honest mistake” to be a “version of convenience”.

“The court finds that is offering excuses rather than justification for her unlawful conduct,” Wepener said.

One of Tlakula’s lawyers, Ehi Enabor, said the legal team was “studying” the judgment and would issue a statement later.

Ben Winks, on behalf of the political parties, welcomed the ruling.

“Given that the public servant in question is the head of a most vital constitutional institution, who refused to step down or step aside in the national interest, this court process was necessary to protect the credibility, integrity, impartiality and independence of the Electoral Commission,” Winks said.

Yesterday’s ruling was the first step in Tlakula’s possible removal from office.

She can only be removed by President Jacob Zuma after a resolution by the National Assembly calling for this.

Yesterday ANC spokesman Zizi Kodwa said the party “has noted the judgment”, as the court “has referred the matter to a committee of the National Assembly for further processing”.

Holomisa said he was happy that the matter had come to finality as three (Treasury, Public Protector and Electoral Court) institutions had pronounced against her.

“So it is up to parliament in terms of the law to take the process forward so that it can reach the Office of the President,” Holomisa said.