Report under lock and key
THE new Public Protector, Busisiwe Mkhwebane, has refused to accede to demands of the official opposition to release the report on state capture.
Mkhwebane stood her ground yesterday, telling MPs she would not make the report public until all court processes had been finalised. She said the report was being kept under lock and key in her offices despite demands from some opposition parties to release it.
Mkhwebane said she would file her responding affidavit in the Pretoria High Court tomorrow against the interdict of President Jacob Zuma and Co-operative Governance Minister Des van Rooyen.
She also told members of the justice and correctional services committee that her vision was at grass-roots level and that contrary to popular belief, this did not mean she would give high-profile cases less attention.
Mkhwebane would not give a date for the release of the report, but said she would file an affidavit tomorrow.
She was supported by the EFF, which said the report must be kept safe until the court applications had been dealt with in November.
EFF deputy leader Floyd Shivambu said all parties were unanimous that the report should be kept safe, but should be made public once court processes were finalised.
“There is unanimity because the ANC issued a statement that the report must be released,” said Shivambu.
Werner Horn of the DA said since the report was final, she had to make it public.
He said the Public Protector Act called on the public protector to give the complainant, in this case the DA, a copy of the report once it had been completed.
But Mkhwebane said she could not do so as she had to prepare affidavits in the case against Zuma and Van Rooyen.
The ANC Women’s League entered the fray yesterday and called on Mkhwebane not to be intimidated by the DA. The league’s secretary-general, Meokgo Matuba, said Mkhwebane must extensively investigate the issue of state capture and focus on white monopoly capital.
Matuba said the state capture report was hastily compiled by Mkhwebane’s predecessor, Thuli Madonsela, and the latter had failed to interview some of the implicated people.
Zuma and Van Rooyen had complained in their court papers that they were not given a chance by Madonsela to respond.
ACDP MP Steve Swart said he was happy the chairman of the committee, ANC MP Mathole Motshekga, had raised the issue of the courts in his remarks to Mkhwebane.
“I’m happy you say the courts must be the last resort. I hope you mention that to President Jacob Zuma,” said Swart.
He said the office of the public protector was faced with 18 challenges in the high court by politicians and officials in entities challenging the findings of the public protector.
Swart said among the frivolous court applications were the SABC on Hlaudi Motsoeneng and Zuma.
He said Mkhwebane must ask for cost orders against officials and Zuma with their frivolous applications.