Mkhwebane inquiry: Future public protectors will worry about being impeached – witness

An employee at the Office of the Public Protector has defended Busisiwe Mkhwebane hailing the Chapter 9 institution head for the clean audits obtained under her leadership.

Proceedings into Mkhwebane’s fitness to hold office resumed on Thursday, with the public protector’s second witness testifying before the Section 194 Inquiry. 

‘Scary situation’

Mulao Lamula, who works at the public protector’s Western Cape office, insisted during the proceedings that six years Mkhwebane has been in charge “were not wasted years”.

“It has been proven… [although] they are not happy, but the evidence speaks for itself. To get a clean audit for getting three consecutive years is not pap ‘n vleis,” he said.

Lamula said he was of the view that it would be “a loss” to the public protector’s office and the country in its fight against corruption when Mkhwebane’s term ends in October 2023.

ALSO READ: ‘Are you going to tell us what to wear?’: Mpofu slams inquiry for saying Mkhwebane must appear in January

“Like all human beings, Advocate Mkhwebane has her shortcomings, but she has done an excellent service to the people of South Africa. To even associate her with incompetence is a grave concern. She is more than competent for the job of public protector,” his affidavit reads.

He said it would be unfortunate if Mkhwebane was unable to wrap up her work before she hands over to the next public protector.

“It is also a scary situation for [future] public protectors [because] the possibility of being impeached is very high regardless of [their achievements],” Lamula, who assumed his role in April 2022, added.

Watch the proceedings below:

Mkhwebane has been accused of intimidating and bullying her staff members.

Nelisiwe Thejane, provincial investigation and integration executive manager in the public protector’s office, previously testified that Mkhwebane had “victimised staff”.

She said, in her affidavit, that Mkhwebane sought “unrealistic” deadlines and threatened disciplinary action if they were not met.

As a result of this, the quality of the public protector’s reports had suffered, according to Thejane. 

‘Changed the game’

President of the South African Roadies Association (Sara), Freddie Nyathela, who first laid a complaint with the public protector’s office in 2004, also testified in defence of Mkhwebane on Wednesday.

During the hearing of his evidence, Nyathela told the inquiry that Mkhwebane “changed the game” for his association when the public protector acted on its complaints about funding from the Department of Sports, Arts and Culture, among other things.

READ MORE: Inquiry meant to persecute, harass and embarrass me, says Mkhwebane

He disputed the suggestion that Mkhwebane was incompetent based on his experience with her.

Nyathela said Mkhwebane was the only public protector who personally met with him after “11 years of no intervention” and prioritised his case.

He, however, conceded that he would not be able to comment on Mkhwebane’s alleged incompetence in some of her investigations as he had not read the motion that contains the charges against public protector.

Recusal application

Last month, Mkhwebane filed a review application challenging Section 194 committee chairperson, Qubudile Dyantyi and DA MP Kevin Mileham’s decision not to recuse themselves from the impeachment inquiry.

The matter has been set down on the urgent roll of the Western Cape High Court for 13 and 14 December.

NOW READ: Mkhwebane impeachment: Public Protector to challenge recusal decision – Dali Mpofu