Herman Mashaba opens criminal case over 'leaked' public protector report

Former Johannesburg mayor Herman Mashaba has opened a criminal case over the "illegal" leaking of the public protector's draft report into allegations against him.

Mashaba, leader of the People's Dialogue, said he had opened the case at the Sandton police station on Monday over the leaking of the the report, which concerns allegations levelled against him during his tenure as mayor.

"I was joined by the former chief of police in the City of Johannesburg, Mr David Tembe, who has been equally impugned by this leak. The leak was sent to no fewer than six Sunday newspapers," said Mashaba in a statement.

"A leak of this nature is deliberate, coordinated and political in nature. Section 11 of the Public Protector Act makes it a criminal offence, punishable by a fine of R40,000 or 12 months' imprisonment."

In an affidavit, Mashaba said the report was leaked before he could respond to the allegations against him.

"I am still currently finalising our submission to demonstrate the serious errors in law and fact contained in the draft report. It would not be a difficult process to investigate who is responsible for the leak of this draft report," said Mashaba.

He said only he, Tembe, the City of Johannesburg and the public protector had possession of the draft report.

"Until the person responsible for the leak is found, I am going to hold the public protector’s office and our criminal justice system to account."