Pretoria - Public Protector Thuli Madonsela did not break any laws when her company offered services to the department of justice while she was the South African Law reform Commissioner.
In a statement released on Thursday Justice Minister Jeff Radebe said his department had at the request of the National Treasury investigated if there had been a conflict of interest when her company Waweth rendered services to the department.
Radebe was reacting to reports published in The Star and Pretoria newspapers published on Wednesday.
The reports alleged that Madonsela faced imminent arrest for fraud and corruption in connection with her work at the SA Law Reform Commission (SALRC) several years ago.
According to the report, which cited confidential documents, companies which Madonsela owned had done work for the SALRC worth R1.8m while she was a commissioner there.
At a press conference on Wednesday, Madonsela denied the claims and by late on Thursday she had still not been arrested.
No secret
Radebe said the outcome of that investigation had determined that because Madonsela was not appointed as commissioner to the SALRC in terms of the Public Service Act and Public Service Regulations, she was not bound by those regulations.
"On the basis of all that has been considered, I am satisfied that conduct of the public protector in relation to what had to be investigated, that is, whether or not there was a duty to disclose or that she was operating a profitable business entity, did not constitute a violation of any prescripts or laws."
He said the enquiry was closed and at no stage was the enquiry reported by the department of justice to any law enforcement agencies for investigation.
Madonsela was appointed commissioner in 2007 and became the public protector in October 2009.
He also confirmed Madonsela's claim on Wednesday, that the work of her company had never been a secret.
"As a cabinet member responsible for the administration of justice, I find it most unfortunate and unsettling that the integrity of Advocate Thuli Madonsela and by extension the office which she occupies has been called into question in the manner we have seen in the media in the past few days," he said.
Malicious intent
Madonsela also received the backing of the presidency on Thursday, with presidential spokesperson Harold Maloka saying it was "concerned" about media reports that indicated that her office was "threatened and undermined".
"The presidency wishes to reiterate the government's commitment and support to the work and office of the Public Protector as stipulated by law."
He said she should be allowed to continue her work "without fear or favour".
In a statement on Thursday, Police Minister Nathi Mthethwa urged Independent Newspapers to "bring forth evidence or information" about the planned arrest.
Mthethwa said he was not aware of any impending arrest.
He had also spoken to police chief General Bheki Cele about the matter.
"I verified with the national commissioner of police and he was also unaware of any pending arrest. In addition, I personally phoned the public protector and she informed me that the information she had seen was through the media," he said.
He believed someone with malicious intent was spearheading a campaign to discredit the SA Police Service (SAPS) and said it would not take this lightly.
Mthethwa said he had ordered an investigation into the claims in the report.
Sources confidential
"We also urge the Independent Newspapers, as the people who broke the allegations, to come forth with information on the merits of their story. Surely if there is any evidence or truth in this pending investigation or imminent arrest, police would have known?"
He said that there appeared to be a campaign to "portray the public protector as a victim", while the police were being portrayed as being responsible for that victimisation.
The SAPS had decided to launch a full investigation into the circumstances that led to the publication of the reports that Madonsela was about to be arrested, said Cele's spokesperson Major General Nonkululeko Mbatha.
She said the outcome of the investigation would be announced as soon as it was completed.
The editor of the Star newspaper, Moegsien Williams, had no intention of providing the police with the names of its sources.
"Our sources and documents are confidential. We stand by our story," he said.
