Embattled Public Protector, Busisiwe Mkhwebane has dominated the headlines recently – for all the wrong reasons. On Monday 22 July the Constitutional Court delivered a scathing judgment against her, upholding the North Gauteng High Court order in February 2018 that Mkhwebane be held personally responsible for 15% of the legal fees in the Absa/Bankorp case.
Mkhwebane is not only thoroughly discredited but a disgrace to the critical office of the Public Protector. The High Court and the ConCourt have found her to be (1) biased in her reports, (2) that she acted in bad faith and (3) exceeded the bounds of her office, (4) that her model of investigation is fundamentally flawed, (5) that she put forward a number of falsehoods in the course of litigation, (6) including misrepresenting under oath certain facts, (7) that were often contradictory.
In short the current Public Protector of South Africa is incompetent, dishonest, biased and evidently, incapable of executing the noble ideals of her office. Mkhwebane’s investigation into the Estina Dairy Scandal – in which the Gupta crime family and various ANC officials embezzled hundreds of millions meant to uplift emerging black farmers – was heavily criticized because she ignored the roles of former Free State Premier and current ANC Secretary General, Ace Magashule and former Free State MEC, Mosebenzi Zwane in the crime spree.
The State Capture Inquiry is currently hearing testimony about the Estina Diary Scandal. Witnesses testify how the ANC shut down all inquiries into this terrible abuse of power. Mkhwebane’s Report into the Estina Dairy scandal (that was set aside and found invalid by the High Court) is repeatedly questioned at the inquiry, especially since she gave certain corrupt ANC officials a free pass.
However, Mkhwebane has made a concerted effort to investigate Public Enterprises Minister Pravin Gordhan, recommending disciplinary action against him. She also investigated Bosasa donations made to President Cyril Ramaphosa’s campaign for ANC president and found he “deliberately misled Parliament” although “he acted in good faith.” She further claimed certain transactions raised suspicions of “money laundering” and suggested an investigation by the NPA.
Both President Ramaphosa and Minister Pravin Gordhan have taken Mkhwebane’s Reports under judicial review. They found her conclusions full of “factual inaccuracies and fundamentally flawed.”
EFF leader, Julius Malema is currently Mkhwebane’s biggest fan. She appears to be doing his dirty work by targeting his arch enemies. Malema, who is implicated in the VBS Bank scandal – among numerous others – urged respect for the office of the Public Protector. Malema previously unleashed a barrage of criticism against Mkhwebane when she wasn’t doing him any favours.
The obvious question on most citizens minds is, “How can the public trust the findings and reports of the Public Protector – on any investigation – when the judiciary has consistently found her to be unfit for the office she holds”? Her Reports were set aside and found invalid and unconstitutional. The Courts also questioned her competency and comprehension of the law.
The ANC must take full responsibility for the constitutional delinquents (to borrow Malema’s favourite phrase) that are Busisiwe Mkhwebane, Jacob Zuma, Tom Moyane, Ace Magashule, Hlaudi Motsoeneng, Bathabile Dlamini, Faith Mutambi, Mosebenzi Zwane, Nomvula Mokonyane, Lynne Brown, Malusi Gigaba etc.
Hopefully, Mkhwebane will be removed from office immediately to restore the credibility of the office of the Public Protector. The judicial reviews of the findings on President Ramaphosa and Minister Pravin Gordhan must proceed urgently to test its veracity.
The wicked and corrupt will be exposed to the light. Righteousness, justice and truth will prevail. Keep interceding for South Africa believers! God is moving.