No remedial actions have been taken at this stage. The Public Protector’s Report 44 of 2018/2019 relating to allegations of maladministration by the Free State Department of Agriculture and Rural Development (DARD) and the former Department of Agriculture, Forestry and Fisheries (DAFF) involving the handling of an outbreak of brucellosis on the farm of Mrs Ronel Behrens (“the Report”) was found to contain serious irregularities and material errors of law and fact, which vitiated the investigation and remedial action which form the basis of the report.
The Report is under judicial review to be set aside with case number 82234/19. The required application documents were served on the Office of the Public Protector on 8 November 2019 and on the complainant (Mrs Behrens) on 19 November 2019.
In July 2021, the Office of the Public Protector requested a settlement with the newly formed Department of Agriculture, Land Reform and Rural Development (DALRRD) and DARD in the matter. On 15 June 2022, the Office of the Public Protector agreed that the Report be set aside and the original complaint remitted back to the office of the Public Protector for an investigation de novo. The settlement is enrolled to be made an order of court in May 2023.
The Report is effectively set aside, and DALRRD has been advised to await the outcome of the review process before implementing any remedial actions, if necessary.