Reference :

Verwysing : 3/2/2
Isingqinisiso :

Date :
Datum : 14 April 2021
Umhla :

Mr Masizole Mnqasela
Speaker
Western Cape Provincial Parliament
PO Box 648
CAPE TOWN
8001

Per email: Masizole.Mnqasela@wcpp.gov.za

Dear Speaker

REPORT NUMBER 49 OF 2020/21 OF THE PUBLIC PROTECTOR ISBN NUMBER: 978-

1-77630-016-7

1. In accordance with the action required of my office by paragraph

7.1.1.1 of the Public Protector’s Report, I hereby submit to the Provincial
Legislature:
a. A copy of Report Number 49 of 2020/21 of the Public Protector
(ISBN No 97-8-1-990-942-89-1);
b. A copy of a letter now delivered to my office by Minister
Madikizela indicating his intention to apply for the judicial review
and setting aside of the Public Protector’s report, the content of
which is self- explanatory; and
c. My explanation for the action I intend to take, which is contained
in this letter.

2. In light of Minister Madikizela’s intention to apply to the High Court to

review the Public Protector’s report, I have elected not to comment on
the content of the report at this stage.

Private Bag X9043, Cape Town, 8000

Tel: 021 483 4630 | Premier.winde@westerncape.gov.za
3. I have decided to take the following action in response to the Public
Protector’s findings:

a. I have afforded Minister Madikizela one month to launch his

application to the High Court to review and set aside the Public
Protector’s report.
b. As that application may result in the Public Protector’s report being
declared unlawful, I will not take any further action against Minister
Madikizela at this stage.
c. If the Minister fails to launch his application within one month, or if
he does, then at the conclusion of that application, I will determine
what action, if any, to take against Minister Madikizela. I will also,
at that stage, comment on the Public Protector’s report.

4. My reasons for declining to comment or determine what action to take

at this stage are more fully set out in my correspondence to the Acting
Public Protector, a copy of which is also attached hereto for your
convenience.

5. Should you have any queries on the above please feel free to contact
me in this regard.

Yours faithfully,

MR A R WINDE
PREMIER: WESTERN CAPE