‘Months of Silence’: Whistleblower Takes Public Protector to Parliament, Law Council Over Alleged Inaction on Limpopo School Scandal

A Limpopo whistleblower has escalated his fight for accountability, filing complaints against Public Protector Kholeka Gcaleka for allegedly reneging on a commitment to investigate irregular payments within the provincial education department.

Maphuti Mashalane claims the Public Protector confirmed in September 2025 that his complaint would be investigated. Months later, he says, no probe has materialisedprompting him to approach Parliament and the Legal Practice Council.

The Complaint

Mashalane asked the Public Protector to investigate the conduct of the Special Investigating Unit (SIU) and officials in the Limpopo Department of Education. He alleged that two principals at Seshego High School were simultaneously paid salaries in violation of the South African Schools Act and that public funds should be recovered.

The Back-and-Forth

In May 2025, the Public Protector initially declined to investigate, stating that the SIU’s decision to refer the matter to the Department of Public Service and Administration constituted administrative action that could only be reviewed by a court.

Mashalane applied for an internal review.

On 24 September 2025, the Public Protector’s office reversed its position. The internal review found the allegations serious, involving potential financial prejudice to the state, and ruled that the institution did have jurisdiction to investigate.

The office decided the matter would be allocated to another investigator, who would contact the complainant.

The Silence

Despite that commitment, Mashalane says nothing has happened.

“I also reported the non-investigation to the Speaker of Parliament, Hon Thoko Didiza. Parliament sought information from the office of the Public Protector, and the Public Protector confirmed to Parliament that my complaint would be allocated to another investigator and be investigated. This was in September/October 2025, but now, in February 2026, no investigation is happening,” he said.

Correspondence from Parliament confirmed the decision to Mashalane, stating the complaint had been taken on internal review and allocated for investigation. But Mashalane says no investigation has begun.

The Legal Practice Council

Mashalane has also approached the Legal Practice Council over alleged professional misconduct by Gcaleka.

Council spokesperson Kabelo Letebele confirmed a complaint was received and registered on 24 November 2025.

“The allegations of the complaint relate to the legal practitioner’s failure to conduct herself as an officer of the court in a civil dispute/matter. The complaint was referred to the legal practitioner for a reply, and no response was received. A further follow-up correspondence was addressed to the practitioner.”

Letebele added that the matter awaits placement before an Investigating Committee. He noted that Gcaleka has been on the non-practising roll since November 2006.

No Response

Attempts to obtain comment from Gcaleka’s office were unsuccessful. Spokesperson Ndili Msoki did not respond to questions.

The Constitutional Question

Under Sections 181 and 182 of the Constitution, the Public Protector is empowered to investigate improper conduct in state affairs, report on it, and take remedial action.

The Office on Institutions Supporting Democracy in Parliament informed Mashalane that the National Assembly cannot interfere in the functioning of the Public Protector because of constitutional independence and advised him to await the outcome.

He has been waiting since September.

The Bottom Line

A whistleblower with documentary evidence. A commitment to investigate. And thensilence.

Mashalane has now taken his fight to Parliament and the Legal Practice Council. The question is whether either body can move the Public Protector to actor whether the institution charged with holding others accountable will itself escape scrutiny.

{Source: IOL}

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