Section 194: Battle is far from over, says defiant public protector

She may appear to be down, but a determined suspended public protector (PP) advocate Busisiwe Mkhwebane is not out, if her plan to fight the parliamentary Section 194 inquiry’s finding of guilty on four charges is anything to go by.

Infuriated by the committee’s weekend deliberations – seen to be paving the way for her impeachment – Mkhwebane yesterday said her battle was far from over, with experts hinting she would take the report on review.

MPs serving on the committee overwhelmingly voted for the charges to be sustained.

These were:

• Misconduct in the SA Reserve Bank (Sarb)/CIEX and Vrede Dairy matters;
• Incompetence in the handling of Vrede and Sarb; and
• Incompetence on victimisation of staff in the office, handling of the Sars unit and Bosasa/CR17 matters.

Mkhwebane, who is consulting her legal team on her next move, has rejected what she described as “the predetermined outcome announced by the Committee for Section 194”.

Mkhwebane said: “The chair (Qubudile Dyantyi) and the committee have failed to grant numerous requests reasonably made by my new attorneys to be given time to familiarise themselves with the large record of the proceedings, spanning 11 months.

“In view of the ongoing Hawks’ investigation into the serious allegations of corruption and bribery, the continuation of the inquiry under the chairmanship of Mr Dyantyi, who was implicated in that criminality, is an abuse of the ANC and Democratic Alliance (DA) majority – that is illegal. The committee cannot claim that its findings are based on evidence when I am still on the stand and have not finished giving evidence since Public Protector SA stopped funding my legal representation.

“This led to the withdrawal of my original attorneys and advocates in April. “The so-called draft report is a product of all the illegalities I have mentioned.”

Reflecting on “a very painful process for my family”, Mkhwebane said: “I accepted that God is using me as the battle axe to destroy the kingdom of darkness – touching the untouchables and exposing their rot. My husband is not fighting my battles, but became involved because [the late ANC MP] Tina Joemat-Pettersson approached him for a bribe.”

Slating the outcome of the committee meeting’s weekend deliberations, United Democratic Movement (UDM) leader General Bantu Holomisa likened the sitting to an “ANC and DA kangaroo court”.

“The committee sat over the weekend to confirm their pr e det er m i ne d outcome on the guilt of the PP, which they had from day one. The statement that evidence sustained the charges is false. The truth is that Mkhwebane’s new attorneys were denied an opportunity to read the record – to be able to advise her professionally,” said Holomisa.

The committee, argued Holomisa, “has swept under the carpet the serious allegations of corruption, bribery and extortion made by the late Tina Joemat-Pettersson, before her suspicious death”.

He added: “The refusal by the chair to recuse himself, without any admission of guilt in the face of such allegations, cannot be supported by any right-thinking South African.

“Four members of the Committee for Section 194 were correctly recused from the Joint Ethics Committee investigation on the bribery allegations. For the same reasons, honourable Dyantyi should have been recused from any deliberations on the report.

“That is why the UDM did not participate in that sham and we will not take part in anything which dignifies such a blatant injustice. The UDM will consider all legal options available to expose and correct this flawed process.”