Wrongdoing denied in DAFF’s R27 million private legal fee probe

Chubaka Xulu, a representative of the law firm B Xulu and Partners Incorporated in Cape Town, has strongly denied that there was anything untoward about the legal services the firm rendered to the Department of Agriculture, Fisheries and Forestry (DAFF).

Wrongdoing denied in DAFF’s R27 million private legal fee probe
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Chubaka Xulu, a representative of the law firm B Xulu and Partners Incorporated in Cape Town, has strongly denied that there was anything untoward about the legal services the firm rendered to the Department of Agriculture, Fisheries and Forestry (DAFF).

He told Farmer’s Weekly that DAFF director general Mike Mlengana in fact signed a contract to that effect and provided a copy of the signed contract.

Xulu was responding to a previous report by Farmer’s Weekly in which Mlengana conceded that the department had amassed a debt of more than R27 million for legal services, which the Office of the State Attorney could have provided at no cost.

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“A number of lawyers and experts were involved in these [rendering of legal services] and not only our firm. However, the firm was not responsible for the department’s internal supply chain processes,” Xulu added.

He said in an email that Mlengana had misled Farmer’s Weekly by claiming the transaction was fraudulent.

According to Xulu, Mlengana made use of private legal service providers due to, as Mlengana indicated in a letter to National Treasury: “a lack of capacity at the Office of the State Attorney”.

Mlengana, however, denied any hint of wrongdoing and stated that the copy of the contract provided to Farmer’s Weekly was a forgery.

He said he would be meeting the investigators in the case on Monday, 25 March to provide evidence that the legal services were obtained in an improper manner.

“We’ve got proof of that, in fact, the initial suggestion that the matter was highly irregular did not come from me, but from the Auditor-General’s office,” he said.

In the earlier interview with Farmer’s Weekly, Mlengana, said this matter formed part of a range of fraudulent activities perpetrated by officials at DAFF.

He stressed, however, that he was committed to exposing all cases of deceit, deception and swindling.

Mlengana also added that the matter had been referred to the Public Protector and disciplinary action had been taken against the officials allegedly involved in the scam.

He said he found the disregard for taxpayers’ money especially problematic, as taxpayers in South Africa were struggling financially and the high levels of corruption in government circles added insult to injury.

The “financial bleeding of the tax base” must be stopped and public money should be protected and respected at all cost, he stressed.

“What I hate most about corruption and [those committing it] is the total disregard for law and order in the country. My quest against this scourge has made me extremely unpopular, but I will continue fighting it without fear or favour,” he said.

Agricultural economist, Dr Johan Willemse, said although money earned by means of illegal avenues such as corruption did find its way back into a local economy, it did not benefit such an economy in the long term.

Ill-gotten money was usually spent on high-end goods such as imported vehicles and expensive clothing.

Farmer’s Weekly has meanwhile approached the Auditor-General’s office for clarification on the matter, and updates will be provided as more information becomes available.

  • This story replaces and early version posted on the Farmer’s Weekly website on Tuesday, 19 March.
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Annelie Coleman represents Farmer’s Weekly in the Free State, North West and Northern Cape. Agriculture is in her blood. She grew up on a maize farm in the Wesselsbron district where her brother is still continuing with the family business. Annelie is passionate about the area she works in and calls it ‘God’s own country’. She’s particularly interested in beef cattle farming, especially with the indigenous African breeds. She’s an avid reader and owns a comprehensive collection of Africana covering hunting in colonial Africa, missionary history of same period, as well as Rhodesian literature.