Suspended public protector Busisiwe Mkhwebane. Picture: Neil McCartney
Suspended public protector advocate Busisiwe Mkhwebane, who has pleaded for leniency before the parliamentary Section 194 hearing into her fitness to hold office, should show more remorse, according to analysts.
Mkhwebane asked the inquiry to understand she was not immune from making mistakes.
Stellenbosch University School of Public Leadership’s professor Zwelinzima Ndevu said a person who asked for a lenient outcome should demonstrate remorse or regret.
“I would have thought that the starting point for Mkhwebane would be to acknowledge the damage that has been done by her decisions and bad reports to the office of the public protector.
“To continue to state you have done nothing wrong means you either do not understand or appreciate your shortcomings, which is a problem.”
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Mkhwebane pointed out: “There were several judgments … where higher courts were criticising the lower courts’ judges and there was no stage where those lower courts were exposed or subjected to this particular process that I am subjected to … this process of coming here and being told I am incompetent.”
Ndevu said it was a problem to compare bad, unethical and manipulated investigation reports with overturned judgments on appeals.
Legal expert advocate Mannie Witz said one only pleaded for leniency or mitigation of sentence or punishment if they were found guilty of the offence – if it was a criminal offence.
“If it is at an inquiry then you are asking for leniency in respect of the sanctions they can impose,” he said.
“She has not been found guilty of anything at this stage.
“I think it was plea in respect of dealing with her evidence to be lenient.”
But political expert professor Amanda Gouws said this was Mkhwebane trying a new strategy.
“She is disgraceful with all her tactics,” she said.
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Mkhwebane has maintained she is being persecuted.
“It’s six-and-a-half years now being the public protector and I would indicate that I never had peace since I started, and I think the cause of all the troubles, which have been indicated by advocate Mpofu – touching the ‘untouchables’,” she said.
Mkhwebane’s legal counsel, advocate Dali Mpofu, identified one of the “untouchables” as the case around the donation of R500 000 received from the late Gavin Watson, Bosasa chief executive, by President Cyril Ramaphosa’s CR17 campaign.
Mpofu said the other untouchable case was the alleged Sars “rogue” investigative unit, which involved “some of the more powerful personalities in South Africa, particularly Minister Pravin Gordhan”.
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