Mkhwebane: ‘I actually won some of my cases’

Despite losing a string of cases – in some being compelled by courts to pay personal costs – embattled Public Protector (PP) advocate Busisiwe Mkhwebane yesterday denied that she lost “each and every case”.

Throughout her testimony this week, Mkhwebane has maintained that the reason she has been hauled before the parliamentary inquiry into her fitness to hold office was due to a daring investigation of the politically-powerful, who included President Cyril Ramaphosa, over the Phala Phala game farm scandal.

‘Incompetent’

“Then I’m labelled as this person who is incompetent and doesn’t know the law,” argued Mkhwebane during the sitting of the Committee on Section 194.

Bashed by the mainstream media, Mkhwebane said it was “blown out of proportion that I’m criticising my predecessor”, advocate Thuli Madonsela, when she presented the Public Protector SA’s annual report to parliament for the first time.

Questioned by advocate Dali Mpofu on her competence, Mkhwebane said evidence of her achievements countered claims that she was incompetent.

Among her achievements were: – Going through the “comprehensive” list of complaints levelled in relation to the SA Revenue Service high-risk unit, which became the subject of multiple targets after it started investigating alleged organised criminal enterprises.

READ MORE: Mpofu says it’s hurtful to blame Mkhwebane for delay in Madonsela’s testimony

Aborted prosecutions

Some of these claims formed the basis of aborted prosecutions. With the CR17 issue dragged into the inquiry, Mkhwebane went through the evidence submitted by Ramaphosa in response to the public protector’s CR17 investigation, which was invalidated by the courts.

Mkhwebane said Ramaphosa confirmed his campaign received a R500 000 donation from corruption-accused Bosasa.

The Commission of Inquiry into State Capture revealed that Ramaphosa’s son, Andile, had benefited from a Bosasa consultancy contract.

Asked about her previous work at the State Security Agency (SSA) and her secondment to China as a home affairs attaché, Mkhwebane said her position required security clearance. Referring to the days after she assumed office, Mpofu said Mkhwebane was already “in the firing line”.

Sars

On giving Sars official Johann van Loggerenberg right of reply in her investigation, because he was not a decision-maker, she said he was an “affected party, not an implicated party”.

Mpofu said Van Loggerenberg’s “big gripe” was that he was not afforded the opportunity to respond. Mkhwebane said that her work at the SSA and her secondment to China was a home affairs department decision.

ALSO READ: Top five moments from Mkhwebane’s impeachment hearings

– brians@citizen.co.za