File photo of Advocate Dali Mpofu cross examining a witness at the heaarings into Public Protector Busisiwe Mkhwebane's fitness to hold office on 25 August 2022. Picture: Gallo Images / Daily Maverick /Leila Dougan
In a dramatic twist, which on Wednesday led to a witness being unable testify before the parliamentary Committee for Section 194, proceedings into Public Protector advocate Busisiwe Mkhwebane’s fitness to hold office, had to be halted for a day.
At the core of the postponement was a threatening text message received by Public Protector South Africa chief investigator Rodney Mataboge, prompting him to inform the committee of his unwillingness to testify.
This led to Section 194 committee chair Qubudile Dyantyi issuing a subpoena to Mataboge to give evidence on Thursday and Friday.
Part of a message written by Mokgele Mojaki from the Ngaka Modiri Molema District in the North West, to Mataboge, read: “I have been waiting patiently to listen to your testimony to the Section 194 in Parliament.
“You were hellbent on producing an adverse report on me in Ngaka Modiri Molema.
“You failed to sustain your shenanigans in court, because you are not an honest person.
“I hope you are exposed – no wonder you have been called as a witness by the very person you have been misleading.
“You deliberately tried to frustrate me, but at the end I was vindicated.
“You will never practice outside that office, because you are not worthy to be an advocate.
“Now you are alive and the whole country is watching you. Karma is a bitch.”
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While Dyantyi said the text was unrelated to Mataboge’s testimony before the committee, he called on the PPSA to protect its officials.
Said Dyantyi: “It looks like there is an inherent risk in the job they are doing as investigators at PPSA.
“We resolved that the PPSA must be interacted with to do what it must do, to protect Mr Mataboge.
“The committee is of a firm view that it can’t be allowed to proceed where a witness who is here, gets a text message from whoever, to a point that our work will be impeded.
“The committee was also of the firm view that everybody needs to know who this person is, as written in that text message.
“We need to follow that up, get him to put whatever that he has in writing to this committee and to desist interacting with the witness.
“We have to protect our witnesses and be consistent in ensuring that this process is fair, rational – attending to the nature of this message, on whether it constitutes a threat or intimidation.”
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According to Dyantyi, since the start of the Section 194 proceedings, a number of witnesses have endured “this kind of risk – sometimes through written submissions from people saying the witnesses on the stand is not saying correct things”.
The text threat, said Dyantyi, did not meet the terms of parliamentary rules for Mataboge’s testimony to be heard in camera.
“We would have to go that route under extreme circumstances,” he said.
“It looks like, the text that you see, also has nothing to do with the testimony that was started on Tuesday – but a text relating to previous work confirmed by Mr Mataboge.
“After interacting with Mr Mataboge who indicated that he was seeking legal advice, in relation to him being subpoenaed by the committee, he said he was unwilling to proceed under the circumstances.
“He said he was not ready to proceed with his testimony.
“He was expected to be testifying until Friday.
“We indicated to him that we don’t have an option as a committee not to conclude his testimony.
“We have therefore, decided that we are going to subpoena Mr Mataboge.
“He is going to be subpoenaed to appear before this committee on Thursday and Friday – days scheduled with him to appear.”
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