Busi stays on – for now

PROTECTOR: GIVEN ‘REASONABLE TIME’ TO RESPOND TO ALLEGATIONS

Questions about her fitness for office involving matters of state capture.

The portfolio committee on justice and correctional services yesterday gave embattled Public Protector Busisiwe Mkhwebane “reasonable time” to reply in writing to accusations against her regarding her fitness to remain in office.

Uneasy about Democratic Alliance (DA) MP John Steenhuisen’s appearance in his capacity as chief whip, committee chairperson Mathole Motshekga said he would take up the issue with the Speaker of parliament Baleka Mbete, who had referred Steenhuisen to the committee in the first place.

Steenhuisen said that, as a parliamentarian, he had the same rights as the other 399 members.

He added: “Today is not about determining the guilt or otherwise of the public protector.

“I merely wish to set out the reasons why I believe there is a prima facie case for this committee, or whatever other committee the speaker ultimately determines, to recommend the commencement of proceedings to examine the fitness of the public protector to continue in office.”

“That would obviously be the decision of your committee – whether to proceed in this matter,” he said.

In terms of the constitution, the public protector may only be removed for misconduct, incapacity or incompetence by a vote of at least two-thirds of the National Assembly.

Steenhuisen noted in his submission that Justice John Murphy had found Mkhwebane grossly overreached her powers in her report recommending the constitution be amended to alter the mandate of the Reserve Bank and in seeking to dictate to parliament how it should be amended.

Murphy found Mkhwebane’s findings caused SA’s currency to be “instantly depreciated by 2.05%; R1.3 billion worth of South African government bonds were sold by non-resident investors; and banking sector shares were negatively impacted”. Then there was the Vrede Dairy Project matter in which Mkhwebane did not deal with evidence implicating senior government and ruling party office bearers, claiming it did not form part of her investigation. Steenhuisen also took Mkhwebane to task for failing to investigate former Eskom chairperson Brian Molefe’s pension payout of R30 million, the state VIP protection assigned to Nkosazana Dlamini-Zuma when she was not in government office and allegations several ministers had lied to parliament. They included former communications minister Faith Muthambi, during the SABC ad hoc committee hearing, and former public enterprises minister Lynne Brown, who did not disclose Trillian contracts.

Mkhwebane was also given leeway on accounting over the appointment of property lawyer, Sibusiso Nyembe, at a salary of R1.2 million on a three-month contract in place of a panel of experts which provided services for free.

Motshekga said the speaker and National Treasury had to first supply reports on the policy for hiring special advisors.

She ignored evidence implicating senior government officials