ANC secretary-general Ace Magashule has become the latest powerful political figure to take on public protector Busisiwe Mkhwebane by threatening to challenge her findings against him in court.
Magashule has told Mkhwebane he is considering legal action over her report on the Vrede dairy farm project that made adverse findings against him.
The project yielded no results, and instead saw more than R330m paid to Estina, a Gupta-linked company.
Mkhwebane's report, released just days before Christmas, finds that allegations of political influence and improper conduct regarding the failed project were substantiated, and that Magashule had failed to conduct oversight as premier of the Free State.
This was the second report by Mkhwebane on the project. Her first report was declared unlawful and set aside.
The report finds that Magashule and then Free State MEC for agriculture Mosebenzi Zwane had political influence over the project from its conception and that their actions amounted to maladministration and improper conduct.
The report also finds that Magashule and Zwane failed to conduct proper oversight over the continued allocation of funds to the project long after it was terminated.
Magashule's lawyers have written to Mkhwebane informing her that they have been instructed to institute legal action against the findings she made against him.
They also complained that Mkhwebane had made serious allegations against Magashule but had failed to recommend any remedial action.
"In the premises and notwithstanding of the answer sought in paragraph 3 above, we are nonetheless instructed to institute legal proceedings with regard to the adverse observations made against our client in the Report. You can therefore accept that this letter serves as a notice thereof," the lawyers' letter, dated December 22, reads.
The letter instructs Mkhwebane to respond the next day, December 23.
Mkhwebane's office confirmed it had responded to Magashule's lawyers but was not willing to share the contents of the response.
"Yes, she [Mkhwebane] did respond," her spokesperson, Oupa Segalwe, said. "Other than saying we have responded, I can't say much. The contents are confidential."
Mkhwebane's report finds that people linked to the Gupta family had influence on politicians who were making decisions about the project.
"The evidence that I considered to arrive at my conclusion confirmed the presence of outside involvement and undue influence by persons linked to the Gupta family on politicians in how the project was conceptualised and implemented," Mkhwebane says in the report.
"The conduct of Magashule and Zwane ... in this regard therefore amounts to maladministration and improper conduct in terms of section 6(4) of the Public Protector Act."
The report adds to Magashule's woes, as he is facing corruption charges related to an asbestos contract that was awarded while he was premier of the Free State.
The ANC's integrity commission has recommended that he step aside or be suspended from his position at Luthuli House.
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