The decision to appoint a commission vests with the Premier and it was the Premier who took the decision to appoint the Erasmus Commission.
I have further indicated in my reply that legal opinions were sought by the Premier from Professor Nico Steytler and his team at the University of the Western Cape and Advocate Jan Heunis SC and Advocate Norman Arendse. These legal opinions were discussed in the provincial cabinet.
With respect to this matter, the Provincial Minister of Finance, Economic Development and Tourism, Mr. Garth Strachan has also indicated in a reply to a written question, that the total cost of the first and second Erasmus commissions is R3 517 575. This excludes legal costs awarded by the court to the Democratic Alliance and the City of Cape Town and final accounts still to be rendered by the former commissioners and the secretariat.
Furthermore Mr. Strachan has indicated that based on the information at his disposal, it would appear that the expenditures cannot be defined as irregular or fruitless and wasteful in terms of the Public Finance Management Act. This provisional stance and the reasons for it have been formally conveyed to the Public Protectors Office.
The Office of the Public Protector had requested that the Provincial Minister furnish it with such information, to enable it to consider how to deal with a complaint received from the Mayor of the City of Cape Town, Helen Zillie.
Finally, Community Safety Provincial MEC, Mr. Patrick McKenzie has indicated in a reply to a question in the Provincial Legislature that further legal clarity is awaited on the court ruling insofar as the Judge Nicholson judgment refers to Provincial Police Commissioner Mzwandile Petros.
No further comment will be made on this matter until such advice is received.
Office of the Premier.
