Suspended Public Protector Advocate Busisiwe Mkhwebane demonstrated a sustained lack of knowledge to carry out her duties effectively in her investigations relating to the so-called Sars Rogue Unit and the Gupta-linked Vrede dairy farm saga.
This is according to the enquiry established to investigate Mkhwebane’s fitness to hold office, which wants her to be found guilty of charges of misconduct and incompetence in conducting her investigations.
If it has its way, Mkhwebane will be the country’s first representative of a Chapter Nine institution to be impeached.
Deliberating on the evidence that had been led before it, the committee on Sunday said the various charges were sustained.
MPs, except for the EFF, UDM and ATM, said the charge of misconduct that was related to the investigation and report into allegations of maladministration in the Vrede Dairy farm was also sustained.
They also said Mkhwebane was guilty of incompetence in both the Sars and Vrede matters as she demonstrated a sustained lack of knowledge to carry out her duties effectively.
In terms of the Sars investigating unit charge, MPs agreed that evidence supported the allegation that Mkhwebane entered into the investigation with a predetermined outcome, and was not impartial.
According to them, she did not conduct the CR17-Bosasa matter in a manner that was impartial or independent, and she had used the wrong ethical code to come to a determination.
In a matter involving Financial Conduct South Africa, ANC deputy chief whip Doris Dlakude said Mkhwebane failed to defend her conclusions in her report. Dlakude said Mkhwebane disregarded comments from the affected parties.
“It was apparent that she selectively used evidence to suit a decision she wished to make. She had already made up her mind,” Dlakude said.
The MPs also found that she was guilty of misconduct in the treatment of several employees at the entity. In one case involving employee Sphelo Samuel, who was charged the day after he filed an affidavit with the National Assembly Speaker, the MPs said Samuel was harassed, intimidated and victimised.
ANC MP Xola Nqola said Samuel’s version of events remained undisputed.
“When the public protector was supposed to come and disapprove of what Samuel was alleging, she focused on assault and called a witness. I think Mr Samuel was harassed and intimidated,” Nqola said.
ANC MP Jane Mananiso said Mkhwebane had used her power and authority to retaliate against Samuel.
DA MP Annelie Lotriet said the CCMA had exonerated Samuel and found that some of the charges did not constitute misconduct by any standard.
On whether Mkhwebane incurred fruitless and wasteful expenditure in legal fees, the MPs were in agreement that she did. Lotriet said regardless of the clean audits Mkhwebane obtained, there was fruitless and wasteful expenditure, which was intentional. She also said Mkhwebane embarked on litigation when there were no prospects of success.
Nkosi said Mkhwebane had moved funds from some programmes in order to fund the legal services.
“There was an incurrence of fruitless and wasteful expenditure, and it was done intentionally,” Nkosi said.
Committee chairperson Qubudile Dyantyi said a draft report capturing the deliberations would serve for adoption by the committee before it was sent to Mkhwebane for her written input.
“We will provide the PP with a final audit (alteram partem) before adopting a final report that will be sent to the National Assembly,” Dyantyi said.
He said they planned to have a sign-off meeting on Friday or next Monday.
Cape Times