South Africa is abuzz with anticipation as MPs prepare to vote on the impeachment motion against the embattled public protector, advocate Busisiwe Mkhwebane.
The motion questions her fitness to hold the esteemed office, citing allegations of misconduct and incompetence that have marred her tenure.
Mkhwebane’s tumultuous reign as public protector has been rife with controversy and legal battles.
The motion to impeach her comes in the wake of numerous court judgments against her office, raising concerns from various political parties and civil society organisations.
Here we look at some of the cases that Mkhwebane worked on:
Phala Phala
In June 2022, Arthur Fraser, former director-general at the State Security Agency, accused President Cyril Ramaphosa of concealing a break-in at his Phala Phala game farm in Limpopo and alleged money-laundering.
Mkhwebane’s interest in this case stirred up a political storm.
It is noteworthy that Mkhwebane was suspended two days after she sent 31 questions to the president enquiring on the controversial Phala Phala scandal.
A year later in June 2023, acting public protector advocate Kholeka Gcaleka cleared Ramaphosa of violating the executive members’ ethics code, further complicating the matter.
Throughout the impeachment, Mkhwebane has maintained that her suspension was a consequence of her daring to probe complaints against the president.
She claimed that holding the president accountable led to her impeachment proceedings.
“If you investigate the president, and you hold the president to account, definitely then you will face such … well, that’s why I’m sitting here,” she said during the proceedings.
However, Ramaphosa’s legal team countered these allegations, stating that her suspension was initiated months before the Phala Phala investigation, pointing to a lack of evidence to support her claims.
Vrede Dairy Project
In May 2019, Mkhwebane’s report into the Vrede Dairy project was declared unconstitutional and set aside.
The high court found that she had failed in her duties to investigate the project and ordered her to cover the legal costs.
The dairy project in the Free State, established as a public-private partnership with Estina, aimed to empower black farmers but failed to make payments to black beneficiaries despite a free 99-year lease of the land.
The impeachment vote against Mkhwebane raises significant questions about the role and responsibilities of the public protector’s office in South Africa’s democracy.
As the nation watches with bated breath, the outcome of this vote will undoubtedly have far-reaching implications for the future of public accountability and transparency in the country.
CR17 campaign report
Another contentious issue during Mkhwebane’s tenure was her report on a R500 000 donation to Ramaphosa’s 2017 ANC presidential campaign from Bosasa.
The report, which accused the president of deliberately misleading parliament, was later set aside by the courts for being “unlawful,” “irrational,” and “reckless.”
Critics argued that Mkhwebane’s investigation exceeded her jurisdiction and lacked proper legal analysis.
Mkhwebane’s tenure was also marked by her controversial attempt to nationalise and remove the independence of the Reserve Bank, a move that shook confidence in the country’s governmental bonds and ultimately resulted in a legal defeat for her.
Absa report
In a separate incident in 2017, Mkhwebane’s report on Absa Bank and the Bankorp-CIEX report was met with skepticism.
Mkhwebane had ordered that the bank refunds over R1-billion for financial bailouts to the government.
In it’s ruling, the Pretoria High Court criticised her for not conducting herself objectively, leading to a personal cost order against her.
Pravin Gordhan
In February 2016 before the Budget Speech, Gordhan received a list of 27 questions from the Hawks concerning the alleged “rogue unit” at the South African Revenue Service (SARS).
Gordhan, who served as the SARS commissioner in 2007 when the unit was established, has consistently asserted that it operated with ministerial approval and was conducted within legal boundaries.
In her report Mkhwebane accused Gordhan of “violating the constitution” regarding the early-retirement payout of a South African Revenue Service official drew criticism and led to a judicial review.
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