Adv Thuli N Madonsela

Advocate of the High Court of South Africa

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Adv. Busisiwe Mkhwebane

Public Protector

Office of the Public Protector

Tel: +27(0)12 360 7108

E-mail: Mkhwebaneb@pprotect.org

Dear Adv. Mkhwebane

Payment Offer: Cost of Car Repair and Car Rental

I hope this finds you well.

Kindly receive my offer to pay for the cost of the repairs for the state car that was damaged in an
accident while being driven, without my authorization, by my son, who was about 22 years old at the
time. The offer effectively authorises the Public Protector of South Africa ex post facto to keep the
amount arbitrarily deducted from my gratuity on 15 October 2016.

After careful consideration of this matter in the light of my moral values and ethics, I have concluded
that paying for the damage caused by my son who cant afford to do so, is the right thing to do. I
also reiterate the apology I made to government and the people of South Africa on behalf of my
family about the regrettable incident that led to the repair costs.

I have noted from your media communication and the documents forwarded by the Public Protector
of South Africa to me, that the total amount that was deducted from my gratuity on 15 December
2016, under your direction and control, is R 470.000.00.

However, it is important to place on record that my offer to pay is made from my moral ethical
stance.

I maintain, as previously communicated to the Public, Parliament and persons delegated by you to
inform me about the intended deduction that I never personally acted in contravention of any Public
Protector South Africa policies, applicable government prescripts and general laws of the land
regarding the accident. My legal stance accordingly remains unchanged.

I also remain concerned over the lack of satisfactory answers regarding the anomalously high
amount for repairs which is virtually two thirds of the value of the car at the time of the crash.

Please further note that I have also decided that, in the interest of closure and peace, you are
authorised ex post facto to keep the amount unilaterally deducted from my gratuity for the use of
the Mercedes that I continued to use during the VIP cooling period in accordance with the letter
from SAPS VIP Protection that I received on 14 October 2016. The letter, whose contents were
buttressed by General Ngcobo and Moutlana at the meeting of 14 October 2016, stated that I was to
remain on VIP Protection, with the security detail incorporating the car, until 30 November 2016.

I must say I was surprised to see that, despite the above information having been communicated to
your office in November, the media has reported that you have since professed not to have known
about the said SAPS VIP Protection authorisation.

Another information denial that surprised me relates to media reports stating the issue of the car
accident was never dealt with by the Auditor General. In this regard, I am grateful that the Auditor
General has since confirmed through a published statement that the matter was indeed the subject
of an Audit query.

I have noted that the statement advises that the audit query process did not deal with or make
findings on the circumstances of the accident or scrutinise my conduct.

Correspondence between the Public Protector of South Africa and the Auditor General on this
matter, which has apparently disappeared, could clarify why I concluded that my conduct was under
scrutiny. I do believe that availability of the missing correspondence could help clarify the basis for
the impression I formed that my conduct was under scrutiny and that in the absence of an adverse
finding in this regard, I had not been found wanting.

Specifically, the missing correspondence would have been helpful to clarify exactly what questions
were asked and to whom and what was discussed during a face-to-face meeting between myself and
the Auditor General team on the matter.

Nevertheless, I am supremely grateful for the Auditor Generals clarification as it justifies the view I
have always held and communicated to the public and Parliament in the last few years that the
Auditor General considered the matter and made no finding of wrongdoing on my part.

In conclusion, this letter makes an offer that seeks to ensure closure on this matter. Specifically, I
give you, the Public Protector, and the administration under your control and guidance, ex post facto
authorisation of the deduction of the amount already deducted. My only request is a relevant
invoice and a receipt for the said amount.

I trust that this settles the money matters, with the outstanding matter only being the gratuity
amount, which I believe should be settled by an audit by the Auditor General assessing the
consistency with which the formula has been applied for my predecessor and myself.

Best wishes as you play your part in supporting and strengthening constitutional democracy. Since I
have reprised my life long civic role as a human rights activist focussing on empowering ordinary
people in defence of human rights, constitutional democracy and the rule of law, we are likely to
find ourselves sharing space from time to time. It is my hope that when that happens we will do so
with grace powered by a commitment to service our people and to help them make democracy work
for them. I hope that knowing that the rule of law cause, incorporating fostering good governance
and combating corruption, could never have an oversupply of hands, will inform our actions.

Kindly convey my warmest regards to the Public Protector Team.

I am deeply grateful for the Public Protector Teams commitment to allow me to lead it in pursuit of
the institutions mandate of strengthening constitutional democracy by protecting the public against
all forms of improper and prejudicial conduct while fostering good governance in state affairs.
When I saw the news of you handing the final cheque to Mr Skosana as remedial action under the
Cost of Disempowerment Report (2015), I could not help remembering how we used to celebrate
the implementation of remedial action for the persons we fondly referred to as Gogo Dlaminis.
Thank you for carrying the baton forward and hopefully he will receive the written apology, which is
the final outstanding remedial action, soon.

Please convey my deepest gratitude to the entire Public Protector Team for well wishes, prayers and
thoughtful send-off gifts, including the remarkable proudly South African artwork, iPad Mini and a
spa voucher. It was a privilege to lead the remarkable Public Protector team.

Strength and growth as you move forward.

Sincerely,

Adv. Thuli Madonsela

Public Protector of South Africa 15 October 2009 - 14 October 2016