Calls for investigation into Mkhwebane’s alleged racial ‘slurs’

Former public protector Busisiwe Mkhwebane was “out of line” with many political and other parties calling for a probe into her alleged racial slurs.

But for the impeached former public protector, she insists she has done nothing wrong, offering a soft apology yesterday.

Mkhwebane apologised for her alleged racial remarks when she claimed she was targeted by judicial officers of Indian descent.

Mkhwebane apologised for her racial remarks

Mkhwebane this week accused individuals of “predominantly Indian descent” of “persecuting” her. She made these comments in reaction to the dismissal of her appeal in the Supreme Court of Appeal (SCA).

On Tuesday, the SCA struck from the roll Mkhwebane’s leave to appeal application against a previous ruling by the Western Cape High Court.

She was arguing for the recusal of certain members in the committee that removed her as public protector.

ALSO READ: Mkhwebane apologises if ‘Indian descent’ remarks came across as racial slur [VIDEO]

She claimed Judge Visvanathan Ponnan displayed “noticeable arrogance and dismissiveness” throughout the proceedings.

Mkhwebane also slammed late former public enterprises minister Pravin Gordhan, Nazreen Bawa (evidence leader), Zuraya Adhikarie (parliament chief legal advisor), Hassan Ebrahim (expert witness), Ivan Pillay (witness), and Fatima Ebrahim (parliament legal advisor).

The former public protector has since apologised for what the DA said was “race baiting in a desperate attempt to deflect accountability”.

‘Race baiting’ – DA

“I don’t mean to cause any perception that I am attacking the legal advisors. They are hardworking, and at the end of the day, yes, I’m prepared to [apologise] if they think it’s like that,” she said in an interview on SABC.

Mkhwebane said it’s also “concerning for parliament to think it’s a racial slur”.

“If you read that post again and again and ask yourself whether I was discriminating, being racist or being hateful, I’m mentioning what the current situation is. I’m willing to say, ‘OK, let’s forget about race’ – and let me mention them by name or even mention that my challenge also stems from what the late Pravin Gordhan did to my demise.”

ALSO READ: FF Plus wants Didiza to take steps against Mkhwebane over ‘Indian’ remarks

Mkhwebane said she named the individuals of Indian descent after what she called a “noticeable trend”.

“For me, it’s a trend I was contemplating while sitting and asking myself, what do I make of this?

“I am not insulting any person, nor is it a fact that they are of Indian descent.

A ‘noticeable trend’, Mkhwebane said

“My biggest challenge is also that the investigation of the socalled rogue unit, and the treatment I received from Gordhan, perpetuated all this persecution. It’s as if I was fighting him while doing my work.

“I don’t understand why it is perceived as if I am attacking Indians,” she said.

Accountability Now executive director advocate Paul Hoffman said Mkhwebane was “out of steps on ethics in criticising a judge”.

ALSO READ: Mkhwebane ‘Indian persecutors’ comments impugn integrity of staff, says Parliament

“In terms of the Constitution, she may find herself having to account to the ethics committee in parliament, the Legal Practice Council and the Bar,” Hoffman said.

Constitutional law expert Professor Koos Malan, said: “No doubt, there is need for a probe in this case and for parliament to take appropriate action.

“The fact that she has tendered an apology does not put an end to the story considering she is a public figure of high standing, having served as a public protector.

Apology not the end of the story

“Such a person cannot simply escape responsibility and accountability by tendering an apology – not an easy escape route.

“It is now up to parliament to act against her. Section 1654 of the Constitution protects the independence and impartiality of the judiciary, making it incumbent upon parliament to act against her.

The EFF should be approached by the speaker on what action the party should take against her,” Hoffman said.

ALSO READ: Mpofu suffers reputational damage after tongue lashing from SCA, say analysts

The judiciary said it was disappointed by the “racial” remarks made by Mkhwebane, insisting they are unsubstantiated and not tolerated.

The Freedom Front Plus (FF Plus) wants National Assembly speaker Thoko Didiza to take action against Mkhwebane.

‘Shockingly inappropriate’ – FF Plus’ Denner

FF Plus MP and chief spokesperson on justice Heloïse Denner said the “unfounded criticism and racist remarks” by Mkhwebane were “shockingly inappropriate”.

“The FF Plus sent a letter to parliament speaker Thoko Didiza insisting that steps be taken. Mkwebane’s remarks not only discredit the integrity of the people in question but also parliamentary processes and parliament itself.”