DAYS before South Africans head to the polls, a probe into alleged misconduct by Electoral Commission head Pansy Tlakula has been postponed until after the national elections on Wednesday.
On Friday the Electoral Court in Johannesburg postponed an inquiry into whether Ms Tlakula is fit to remain in her position as the commission’s chairwoman in order to give her legal team time to file its legal submissions.
The matter came before the court after five opposition political parties asked the court to conduct the inquiry following the release of a damning Public Protector report on a leasing scandal.
The parties had wanted the court to make its recommendation before the election on Wednesday.
They believe that findings made by the Public Protector about Ms Tlakula’s role in the procurement of the commission’s Centurion offices revealed misconduct on her part, warranting her removal from office.
The Public Protector’s report found that Ms Tlakula had an "undisclosed and unmanaged conflict of interest" in the lease, which was awarded to Abland — a company in which her business partner Thaba Mufamadi had a share.
Earlier on Friday, the court expressed doubt whether it could make a determination on Ms Tlakula’s fitness to hold office before next Tuesday afternoon.
In depth: Election 2014
News, views and analysis of South Africa's national and provincial elections on May 7 2014At the end of arguments by the parties’ lawyer, David Unterhalter SC, motivating why the court should find Ms Tlakula guilty of misconduct, her advocate Daniel Berger SC asked for more time to prepare his legal submissions if the court was not able to reach its determination on Tuesday.
Judge Lotter Wepener said that the court would not be able to make its determination before the election. He added that the court had also taken into account Ms Tlakula’s right to a fair hearing in reaching this decision.
"The investigation should be postponed to the week of June 2 2014," Judge Wepener said.
The postponement gives Ms Tlakula time to file any submissions by May 19, with both parties scheduled to file their heads of argument by May 28.
Earlier in the day, Mr Unterhalter told the court that Ms Tlakula had intentionally broken the law in securing the commission’s premises in 2009.
Mr Unterhalter said that it was not disputed that the manner in which Ms Tlakula conducted herself infringed the Public Finance Management Act and Treasury regulations.
He added that, from Ms Tlakula’s affidavit filed on Thursday, Ms Tlakula acknowledged she acted in an unlawful manner.
He said that Ms Tlakula admitted that she did not insist on a full tender process.
"Knowing what was required, she chose not to abide by the processes of the law," Mr Unterhalter said.
Mr Unterhalter disagreed with Ms Tlakula’s assertion that she had made an honest mistake.
"To make a mistake is to have no intention to mislead. She was not mistaken as to what the law required," Mr Unterhalter said.
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