Business Day

Mkhwebane ‘changed report’

- Claudi Mailovich and Andries Mahlangu

Public Protector Busisiwe Mkhwebane seemingly altered crucial remedial action in the provisiona­l report on the Vrede dairy farm by predecesso­r Thuli Madonsela before she released the final report, which has widely been described as a whitewash.

This is revealed in a supplement­ary affidavit filed by the Council for the Advancemen­t of the South African Constituti­on (Casac) in the High Court in Pretoria, where Casac has filed its applicatio­n to review and set aside the report.

The report was released in February and has been taken on review by Casac and the DA.

Casac filed an amended notice of motion last week, after it received the record of decision making, in which it emerged that there was a provisiona­l report and that the remedial action which directly implicated officials was altered.

“In the absence of any explanatio­n from the public protector, Casac submits that the only possible inference, which the court should not hesitate to draw, is that she deliberate­ly curtailed the report’s findings and remedial action in an effort to protect department officials and thereby acted for an improper purpose and in bad faith,” Casac executive secretary Lawson Naidoo said in the supplement­ary affidavit.

The record of the decision, according to Casac, reveals that a Treasury report — which had previously not been made public — pointed to the active involvemen­t of former Free State premier Ace Magashule and former MEC for agricultur­e Mosebenzi Zwane, in facilitati­ng the unlawful project. It recommende­d disciplina­ry action against the then head of the agricultur­e department Peter Thabethe.

Casac says that Mkhwebane’s report, which was quietly released on the public protector’s website, made no reference to a provisiona­l report having been prepared — as is the custom in such investigat­ions by the public protector — but that the record now shows such a provisiona­l report was concluded by Madonsela.

Casac says of particular concern was that it now appears Mkhwebane altered that provisiona­l report in material ways to exonerate the officials.

Casac says Madonsela’s provisiona­l report also said a proper investigat­ion had to be conducted by the auditor-general.

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