When BLF says jump, Mkhwebane asks how high – Report

The Public Protector Adv Busiswe Mkhwebane has on two recorded occassions prioritised Andile Mngxitama’s Black First Land First Movement (BLF) over her other key stakeholders on the Bankcorp/CIEX/Reserve Bank matter.

The Mail & Guardian has been able to identify two instances in which Mkhwebane seemingly dropped what she was doing to attend to BLF. This, courtesy of South African Reserve Bank (SARB) court documents in a case at the High Court, in which Adv Mkhwebane is challenged on her recommendation to amend the mandate of SARB.

The documents show that on January 12 Mkhwebane met BLF about the ABSA matter – a meeting she failed to disclose in her report. The publication indicates that not much is known about this meeting, as she has not provided records.

According to SARB supporting documents, on February 28 BLF wrote an official submission to Mkhwebane relating to her investigation into the “apartheid era bailout of Bankcorp, later acquired by ABSA”.

“No tax had been required for the gift to Bankcorp/Absa, which in turn suggests that a considerable loss in tax revenue has been incurred – as huge as the gift itself,” BLF’s leader Andile Mngxitama wrote.

“BLF recommends that, where applicable, those implicated in wrongdoing be subjected to criminal prosecutions,” the February submission reads.

It is reported that within hours, Mkhwebane asked a staff member of her office to “get us some information on the tax implications of the gift to Bankcorp”.

After the January 21 meeting, Mkhwebane’s notes in court (of which her spokesperson gave a convoluted explanation for this week) show how she wrote to a “warrant officer” of the South African Police Services who declined to disclose to the publication which divisions they are based in.

Her predecessor, Adv Thuli Madonsela, is on record as having previously told BLF that she is dealing with them “out of courtesy”. In retaliation, BLF protested and held the Public Protector’s office’s staff members hostage for a few hours.

Both Absa and SARS told the court Mkhwebane did not give them a fair hearing during her investigation.

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