Premier Alan Winde's sponsored NY trip under public protector's scrutiny

PREMIER Alan Winde’s alleged failure to declare a sponsored trip to New York in the Register of Members’ Interests has now resulted in a Public Protector (PP) complaint against him.  

In his complaint to the Office of the Public Protector filed on Wednesday, ANC leader of the Opposition, Khalid Sayed charges that Winde violated the ethical duties set out in the Executive Members’ Ethics Act, which promote “accountable, transparent, and good governance” in line with the Constitution. 

Whether such failure amounts to unethical conduct, non-disclosure, or a conflict of interest, should form the crux of the investigation, the complaint document read. 

The matter concerns a sponsorship by the Under2Coalition of an economy-class ticket for Winde, valued at R51 000, to attend a conference held in New York in September last year. 

Winde had previously maintained the trip was “duly disclosed” in the annual report and no gift or sponsorship was received in his personal capacity. 

Director general Dr Harry Malila in the legislature further said the money was donated to the government. 

However the ANC notes in its complaint that the Department of the Premier’s 2024/2025 Annual Report confirmed that: “Under2Coalition covered the cost of an economy class ticket for Premier Winde to attend the Climate Week NYC 2024 conference held in New York from 22-25 September 2024,” valued at R51 000. But there was no disclosure by Premier Winde of this benefit under “Sponsorships,” “Benefits,” or “Foreign Travel”  in the Register of Members’ Interests of the Western Cape Provincial Parliament for 2024/2025. 

“Premier Alan Winde accepted a sponsored benefit—a flight valued at R51 000—paid for by the Under2Coalition, but failed to declare this in his disclosure of interests. This omission constitutes a failure to declare a registrable interest as required under section 6.5 of the Executive Ethics Code, which provides as follows: ‘6.5 Foreign travel other than personal visits paid for by the member, or official travel paid for by the state, or travel paid for by the member's party: (a) A brief description of the journey abroad; and (b) Particulars of the sponsor.” 

“Premier Winde’s non-disclosure therefore constitutes a breach of the EMEC, as well as a failure to fulfil the obligations imposed under the Executive Members’ Ethics Act, 1998.”

The Office of the Public Protector confirmed receipt of the complaint, saying it was being assessed and will be allocated to an investigator within one working day of registration.

GOOD MPL Brett Herron said: “The failure to disclose constitutes a breach of the Executive Ethics Act and Code of Conduct and the Public Protector is the authority to investigate that failure to disclose.

“At a meeting of the Standing Committee on the Premier & Constitutional Matters the Director General attempted to reframe the sponsorship but he didn’t go as far as requesting that the wording in the Annual Report be amended to reflect the way he reframed it. The Premier undertook to meet with the Registrar of Members Interests to determine if he should’ve disclosed it and to come back to the committee.

“There has been no further information, that I’m aware of, from the Premier and so the only course of action is to refer the matter to the Public Protector.”

Winde’s office did not respond to requests for comment by deadline.

Cape Times