• Herman Mashaba opened a criminal case in terms of the Public Protector Act, claiming the leaking of the draft report was illegal.
• The leaked preliminary report found Mashaba guilty of contravening supply chain management policies, conflict of interest and making irregular appointments.
• The former Johannesburg mayor said the findings were flawed; he refuted the allegations, calling it baseless.

A draft Public Protector report containing findings against the former Johannesburg mayor and founder of The People's Dialogue, Herman Mashaba, has seemingly been leaked to the media.

Mashaba has opened a criminal case, in terms of the Public Protector Act, after a preliminary report, which found him guilty of conflict of interest and making irregular appointments, was leaked.

In a statement on Monday, Mashaba, along with former Johannesburg chief of police David Tembe, opened the criminal case at the Sandton police station.

"The leak was sent to no fewer than six Sunday newspapers. A leak of this nature is deliberate, coordinated and political in nature," Mashaba said.

"Section 11 of the Public Protector Act makes it a criminal offence, punishable by a fine of R40 000 or 12-months imprisonment."

"The reason for this, is that the leaked draft report was exactly that, a draft report. I am still currently finalising our submission to demonstrate the serious errors in law and fact contained in the draft report." 

Mashaba added that it would not be difficult to investigate who was responsible for the leak as only four parties had the draft report; Mashaba, Tembe, the City of Johannesburg and the office of the Public Protector.

"Until the person responsible for the leak is found, I am going to hold the Public Protector's office and our criminal justice system to account."

Mashaba added that he and Tembe were resolute in their commitment to accountability and holding themselves to the high ethical standards they set during their service to the people of Johannesburg.

"The findings in this draft report are flawed and, should they remain in the final report, we will be pursuing legal action, independently, to overturn it in the high court.

"I am adamant that I will subject myself to the public scrutiny of an open court of law, so that the media and people of this country can see the evidentiary submissions we have made, and will continue to make, to refute these baseless allegations."

IOL reported on Sunday that the preliminary report found Mashaba to be guilty of contravening supply chain management policies, conflict of interest and making irregular appointments.

This included the irregular appointment of Tembe as he allegedly did not meet the requirements for the position of metro police chief.

The report also allegedly found that Mashaba irregularly funded a non-governmental organisation, Field Band Foundation (FBF), which he had a direct interest in.