Sunday Times

I’m no RET hired gun — Mkhwebane

Public protector’s speech alleges a conflict of interest

- By APHIWE DEKLERK

Public protector Busisiwe Mkhwebane is crying foul over her impending suspension by President Cyril Ramaphosa, accusing him of having a conflict of interest in the matter.

Ramaphosa on Thursday wrote to her to give her 10 days to provide reasons why she should not be suspended.

Mkhwebane is also facing an impeachmen­t process in parliament after a DA motion in 2020 questionin­g her competence after a number of court rulings, emanating from challenges to her reports, went against her.

In a speech prepared for her to deliver to the Unisa student chapter of the South African Women Lawyers Associatio­n on Saturday, Mkhwebane says Ramaphosa is conflicted on the matter.

She did not read her prepared speech verbatim at the event, and declined a Sunday Times request for an interview.

In the prepared speech she says she wrote to the speaker of the National Assembly, Nosiviwe Mapisa-Nqakula, raising the matter of parliament’s “haste” to deal with her impeachmen­t.

“My legal representa­tive yesterday wrote to the speaker [to note] my displeasur­e at how things have turned out in respect of how the matter was handled but also to raise my concerns about the continued unfairness of the impeachmen­t process,” Mkhwebane’s prepared speech reads.

“One of the points we highlight in the letter to the speaker, which was dispatched to her office yesterday, is the clear conflict in the president who is and has been the subject of investigat­ions I am leading — a conflict the president himself has admitted to under oath during litigation — pondering the idea of suspending me.”

She says she questioned why parliament would not hold back until a Constituti­onal Court rescission applicatio­n is disposed of.

“Why does parliament appear to be bent on riding roughshod over this process despite its own rules prohibitin­g the discussion of matters that are sub judice? Once again we appeal to the speaker to be even-handed, independen­t and impartial in executing her duties. These issues can and must be resolved amicably.

“There is absolutely no need to rush as haste tends to involve trampling on other people’s rights ... I am still consulting with the legal team on any eventualit­y, and on the response to the president’s letter.”

On Friday Mkhwebane reportedly told journalist­s in East London that the process followed to have her removed was unlawful.

In her prepared speech, she criticises those calling her incompeten­t.

“The assessment of the performanc­e of any other organisati­on is linked to its purpose for existence. For instance, if you want to establish if Eskom performs, you check if they are able to keep the lights on, not if they have lost any cases in court. Similarly, if you wish to establish if the police perform, you check if they are succeeding in the fight against crime; not if they are winning the civil claims lodged against them.

“Sadly, when it comes to the public protector, an odd yardstick is used. Critics don’t establish if we investigat­e, report on and remedy alleged and suspected improper conduct in state affairs as envisaged in section 182.

“Instead, they ask how many cases have you won or lost in court? For them, it all boils down to those less-than-20 reports of ours which have been set aside and the eight that we have successful­ly defended — a fraction of the around 70,000 matters that have passed through our hands.”

She slams those accusing her of being part of the ANC’s Radical Economic Transforma­tion faction. “We get accused of being ‘hired guns’ and players in the political arena, or labelled ‘RET forces’ by the very same executive and their supporters when we are merely doing our work.

“It gets worse when the same executives are media and civil society darlings. This gives them a free [rein] to carry on unabated, with impunity.”

Mkhwebane’s speech ends with her telling the students that, should they find themselves heading the office of the public protector, they should be prepared to defend themselves.

“When you are in that position, defend yourself to the bitter end. As you do, be prepared to lose, to be vilified, to be turned into a laughing stock and even to be bankrupted. As I am.”

Mkhwebane’s spokespers­on, Oupa Segalwe, said the public protector had concluded her roadshow, which started mid-February, in the Eastern Cape on Friday. However, she was expected to return to KwaZulu-Natal because they had not concluded their visit there.

He said the aim of the roadshow was for Mkhwebane to engage the leadership of provincial government­s, legislatur­e leadership and traditiona­l leaders.

“The aim was to bring to their attention a number of investigat­ion reports that have never been challenged in court, nor implemente­d. Also to reveal pending investigat­ions in that particular province and the kind of issues that people are bringing up,” said Segalwe.

He said they were also raising issues around non-responsive provincial department­s and some that gave incomplete informatio­n to the public protector.

 ?? ?? Public protector Busisiwe Mkhwebane.
Public protector Busisiwe Mkhwebane.
 ?? ?? President Cyril Ramaphosa
President Cyril Ramaphosa

Newspapers in English

Newspapers from South Africa