ANC shields Ramaphosa amid Mkhwebane probe over leaked audio

The ANC is seemingly protecting President Cyril Ramaphosa amid Public Protector Busisiwe Mkhwebane’s investigation into his remarks heard in a leaked audio.

ANC treasurer-general Paul Mashatile has informed, via letter, Mkhwebane that she does not have jurisdiction to investigate Ramaphosa for allegedly breaching the Executive Code of Ethics, City Press has reported.

The investigation was launched after ANC MP Mervyn Dirks wrote to the Standing Committee on Public Accounts (Scopa) requesting the committee to summon Ramaphosa to account for remarks he made in a leaked audio recording.

Ramaphosa is heard in the recording commenting on allegations of public funds being used for ANC campaigns, and that he was “willing to fall on the sword” to protect the governing party.

Jurisdiction

While Dirks asked Mkhwebane’s office to investigate the matter, the ANC has launched its attempts to protect Ramaphosa.

This is after the public protector had requested the full recording of the discussion that led to the president’s remarks.

According to City Press, Mashatile highlighted that Mkhwebane only had powers to “investigate any conduct in state affairs or in the public administration in any sphere of government that is alleged or suspected to be improper or to result in any impropriety or prejudice” as per Section 182 of the Constitution. 

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“You do not have the necessary jurisdiction to conduct such an inquiry and to request documents and information from a private voluntary association, as you have done in your letter under reply.

“The ANC requires an unambiguous response, as a matter of urgency, which clearly expresses the basis upon which you purport to exercise jurisdiction in this particular matter,” the ANC treasurer said in the letter.

Mashatile also pointed out that Scopa was already conducting its own investigation into the matter.

Scopa mandate

This is not the first time the ANC has tried to protect Ramaphosa.

ANC members, part of Scopa, last month prevented the committee from summoning the president to give oral evidence on his remarks following a majority vote.

Following the vote, Scopa chairperson Mkhuleko Hlengwa said that the committee would go through the legal opinion, and compile “an operational framework” in order to pave a way forward.

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According to the legal opinion, Scopa has the mandate to probe Ramaphosa’s remarks “if, indeed, public funds of any government department or public entity had been utilised for unauthorised purposes”.

The committee, however, cannot “deal with any alleged ethical breaches of the president” because only the Public Protector can determine whether Ramaphosa broke the law.

30 days probe

Meanwhile, Mkhwebane revealed during a media briefing in February that it was unlikely her office would finalise the investigation into Ramaphosa within the prescribed time. 

“It doesn’t seem [like] we will be in a position to finalise the investigation within 30 working days as required by the [Executive Members Ethics] Act [82 of 1998],” the public protector said.

She also could not disclose how long it would take to complete the investigation.

“We [are] still collecting evidence. We are still requesting affidavits [because] we are investigating independently [and also looking at] whether the investigation will proceed and how will it proceed. So I wouldn’t say by when [the investigation will be finalised],” Mkhwebane added.