Public Protector Advocate Kholeka Gcaleka could face a criminal investigation after the President of the South African Roadies Association (SARA), Freddy Nyathela, opened a fraud case against her at the Johannesburg Central Police Station.
The complaint was lodged on 7 July 2026 and emerged after Nyathela’s sworn affidavit was leaked to Africa Daily by a source who requested anonymity for fear of reprisals.
In the affidavit, seen by Africa Daily, Nyathela alleges that Gcaleka deliberately misrepresented the findings of the Auditor-General of South Africa (AGSA) in her report issued on 2 July 2026, in a manner that prejudiced SARA and its funding from the Department of Sport, Arts and Culture (DSAC).
Nyathela’s complaint stems from a matter he initially referred to the Public Protector on 20 December 2023.
In that complaint, SARA accused DSAC officials of abuse of power, unfair discrimination and prejudicial conduct relating to the funding of several SARA projects, including Africa’s first Backstage Academy South Africa initiative.
According to the affidavit, Gcaleka’s report incorrectly stated that DSAC had acted in accordance with Clause 6.13 of the Memorandum of Agreement and the findings of the AGSA’s 2023/24 audit report in seeking to recover unspent funds allocated to SARA.
However, Nyathela argues that an AGSA communication dated 8 July 2024 paints a different picture.
He claims the Auditor-General informed DSAC that it had been inappropriate to invoke the relevant funding clause because SARA had accounted for the first tranche of funding and the project remained in its implementation phase, with unspent funds earmarked for outstanding deliverables.
He further points to a presentation delivered by the AGSA to Parliament’s Portfolio Committee on Sport, Arts and Culture on 23 July 2024, as well as the department’s 2023/24 Annual Report signed by Minister Gayton McKenzie, Deputy Minister Peace Mabe and Acting Director-General Dr Cynthia Khumalo, arguing that none of those documents support the conclusions reached in the Public Protector’s report.
In the criminal complaint, Nyathela alleges that Gcaleka intentionally misrepresented the AGSA’s findings to unlawfully deprive SARA of access to public funding and undermine its flagship project called Backstage Academy South Africa.
“On behalf of SARA, I hereby file a fraud complaint against the Public Protector, Advocate Kholeka Galeka, criminal misconduct, for deception and misrepresentation of the 2023/2024 Audit Report of the Auditor General of South Africa, …dated 02 July 2026, against the South African Roadies Association.
“I believe that the Public Protector intentionally made a knowing misrepresentation of the truth designed to unlawfully deprive SARA of access to public funds and sabotage Africa’s first Backstage Academy South Africa project,” Nyathela states in the affidavit.
He further claims the alleged deception infringed several constitutional rights, including the rights to dignity, freedom of expression, freedom of trade, occupation and profession, education, and just administrative action.
Nyathela says the alleged misrepresentation has caused SARA financial prejudice because the non-profit organisation relies on funding from both public and private institutions. He adds that SARA has received funding from DSAC since 1996 and has never failed to account for funds allocated to it.
Speaking to Africa Daily, Nyathela confirmed that he had opened a case against Gcaleka.
“We signed a three-year agreement with the DSAC to fund this project. Later on, the DSAC accused us of failing to account for the funds that we received from them and sent the Auditor-General of South Africa to audit our financial books,” he said.
Nyathela further explained that the Auditor-General sent a report of its findings to the DSAC.
“When we asked the Auditor-General to share a copy of the report with us, she referred us to the DSAC, which was not willing to share the report with us. We then reported this matter to the Public Protector to investigate. She then issued a report claiming that there were adverse findings against the association by the Auditor-General, which is not true. It is on that basis that I opened a criminal case against her,” he said.
Africa Daily approached the Office of the Public Protector for comment. Their response will be included once received.
