2 days ago
MPs to seek legal opinion on allegations against auditor-general
The standing committee on the auditor-general met to consider a legal opinion from parliament's constitutional and legal services office on how to proceed with a complaint lodged by a former staff member against auditor-general Tsakani Maluleke.
The complaint, submitted in August 2022, alleged misconduct by Maluleke in relation to financial transactions involving her predecessor, the late Thembekile Kimi Makwetu.
Mlungisi Mabaso, a former chief people officer, claimed Maluleke, while serving as deputy auditor-general, improperly authorised an R860,000 advance on deferred compensation to Makwetu and a R575,000 payment for bond transfer costs. He also questioned a subsequent interest payment to Makwetu's widow.
The auditor-general's office denied wrongdoing and commissioned an external legal opinion by advocate Werner Krill and an investigation by Bowmans. Both found no evidence to support the allegations. According to a statement from the auditor-general in 2022, Mabaso was dismissed after an independent disciplinary process for gross misconduct, among other charges.
The matter was brought to the attention of the sixth parliament's committee, which held closed and open sessions in August and September 2022. However, no formal resolution was adopted and no communication was sent to the complainant. In February 2025, Mabaso resubmitted the complaint to the committee, alleging it had been improperly handled and requesting it be formally investigated.
Presenting the legal opinion, Fatima Ebrahim of the constitutional and legal services office, said while the previous committee had engaged with the matter, the absence of a formal outcome had contributed to perceptions of a lack of transparency.
'Unfortunately there's no report or resolution regarding the findings or conclusion of the previous committee on the matter,' she said.
Ebrahim recommended the committee apply its mind and reach a resolution, either to reopen the investigation or conclude it based on the available evidence.
The legal opinion emphasised the constitutional status of the auditor-general as a Chapter 9 institution and the importance of safeguarding its independence, impartiality and dignity.
