Mkhwebane: ‘I am one of the best ever, unfortunately they’re blinded by hatred’

Reflecting on her term as South Africa’s public protector, Busisiwe Mkhwebane admitted it had been “a very bumpy seven years”.

“When I accepted the nomination … they said you are so good at being efficient, a good communicator and very responsive.

“Being a public protector is not just a position in which you say I got this position because I have so many qualifications, or I’m so educated, this is a calling,” she said.

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“Indeed, when I started working there, this office is about that promptness, because people who are coming to the public protector’s offices are people who have lost hope in the system and people who have been rejected in the system.

“All in all, I would say I have activated that. We have processed over 60 000 complaints and got three clean audits, so I would say I have achieved that.”

Mkhwebane: Why must I continue?

In an exclusive interview with The Citizen, Mkhwebane also said she would not continue with the Section 194 inquiry into her fitness to hold office if the inquiry was still ongoing by the time her term of office ended.

“This Section 194 committee process is whilst I am still the public protector to account. If October comes, why must I continue? For what, because I am no longer public?”

Mkhwebane reflected on some of the scandals while she was still in office.

On parliament

She is currently at loggerheads with the Section 89 inquiry chair Qubudile Dyantyi, whom she accused of being one of those who allegedly solicited a bribe from her husband to make the inquiry “go away”.

On Monday, Dyantyi said Mkhwebane had not indicated whether she would be making any closing arguments pertaining to the allegations in the motion before the committee. She ignored last week’s deadline to respond to the 630 written questions posed by members and evidence leaders.

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She, however, insisted she would not respond to the questions and wanted Dyantyi to recuse himself so she could continue to testify orally.

“On 9 June, when I appeared without legal representation, Dyantyi said going forward, we would send written questions, and I rejected that.

“I am still under oath, I am still testifying, why must I rush to answer questions? Why answer the questions when I am still on the stand?

“When the council is briefed after Dyantyi has recused himself – because I cannot appear in front of him as he is conflicted – then we can continue to testify on the issues,” Mkhwebane said.

“Why are we talking about closing arguments when I was still on the stand testifying? We must start there and I continue testifying after the application of recusal.”

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She wanted to go back to the stand and explain the reasons behind the decisions she took, which led to her fitness to hold office being questioned.

On personal costs, judicial capture

On various platforms, which included the press briefing she held in Sandton last month, Mkhwebane raised concerns about some of the court decisions against her. She said the issues of personal costs given against her were a way to deter other black professionals.

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“They are showing others that [if] you dare do this, [this is what will happen]. I take it as I have been unfortunately used as an example, but it now depends on the younger generation on what you learn in this process of mine.

“I’ve been saying even if you do not like me … can you just focus on the facts? Unfortunately they are so blinded by hatred. It is not easy and it’s very painful, but I wouldn’t allow it to create any feeling that I am a failure, or think I am not good enough. For me, I am one of the best ever.

“I am standing for that young girl who is going to university and must know, when you believe in something, when you do it with love, no matter what they do to you, stand for that truth.”

Asked if she believed the judiciary was captured and why she kept going to the courts if she believed they were biased against her, she said the judiciary was not captured; some judges were.

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“You might have a prejudice against me but if the matter is presented before you, why can’t you focus on the facts and focus on the law and that’s it? If you feel you won’t be objective, recuse yourself.”

Where to for Mkhwebane after serving her term?

Mkhwebane said after her term ended as public protector, she would still continue to work with the public.

• “I might be serving in some offices again, fighting for the people. but I am still weighing my options.
• “Maybe you might find me in parliament somewhere,” she said.
• “Another critical issue that I will focus more on is alternative dispute resolution, which the work of the public protector focuses more on.
• “This is where I can help the public to resolve conflicts.”

– lungam@citizen.co.za