Suspended Public Protector Busisiwe Mkhwebane says bribery-accused ANC MP Qubudile Dyantyi is spreading propaganda to deflect questions about his alleged role in the scheme to extort money from her husband, David Skosana.
Mkhwebane said this in her second application to the Parliamentary Section 194 committee looking into her fitness to hold office and asked that Dyantyi be recused from the proceedings.
In the application Mkhwebane outlined seven legal grounds why Dyantyi should recuse himself. She said that in the public area, Dyantyi repeatedly spread messages accusing her of “playing delaying tactics” when she sought accountability for corruption allegations implicating him.
“The focus is now taken away from the death of a human being to the unilaterally determined “deadlines” that have been “missed” by the public protector as if nothing serious has happened,” Mkhwebane said.
She added the narrative was intended to deflect the public’s attention from the serious allegations of bribery, corruption and extortion in which Dyantyi was directly implicated by the late ANC MP Tina Joemat-Pettersson.
“It must be stated at the outset that no amount of deflection and media silence must ever be allowed to distract the public from seeking answers regarding the strange events that preceded the death of Joemat-Pettersson, who was a member of this Section 194 Committee.”
While it was true that other institutions were properly investigating the pertinent issues, she argued that the committee could not wait for the results of those crucial investigations to determine their relevance to the current issues it was facing. “They must be confronted now”.
Mkhwebane said according to Joemat-Pettersson, there had been a plan and an instruction in March already to shorten the Section 194 proceedings towards “the desired outcome” by no longer affording her an opportunity to complete oral evidence but switching to written statements or affidavits and shortening the period for closing arguments.
On June 9, she said, Dyantyi read from an externally prepared document and announced exactly that.
“The plan was clearly generated outside of the committee. That’s what they told him.”
Secondly, she said, Joemat-Pettersson also indicated that one of the reasons Dyantyi needed a bribe was that he might be “kicked out” while he wanted to contest for the ANC Western Cape chairperson during the party’s recent elective conference.
She also said Dyantyi was consequently the subject of a pending investigation by parliament’s ethics committee for his alleged role in the extortion and bribery allegations.
She said Dyantyi was also the subject of a pending police investigation, had made disparaging remarks about her in the media, and had proceeded with the hearing in the absence of her legal representatives despite a Constitutional Court order not to do so.
The sixth ground focused on Joemat-Pettersson’s role as a committee member and the role of ANC’s chief whip Pammy Majodina, whom Mkhwebane said was part of the alleged extortion scheme.
She said the situation could be likened to one of a panel of impartial adjudicators approaching one of the parties for a bribe for himself or herself and/or the presiding officer.
“It should be obvious that the party involved could never reasonably be expected to continue to perceive such a panel or any of the implicated members to be capable of bringing a neutral mind to bear on the proceedings.
“The most disturbing feature of this matter is that, as we understand it, Majodina as ANC chief whip will be centrally involved in the process of such a replacement. The disastrous impact of that on the entire process is plain to discern.”
Dyantyi said yesterday he would respond to the recusal application on Friday after applying his mind to its contents.
“In the interim, the committee awaits the summation of evidence from the evidence leaders, it being noted that the public protector did not indicate that she intends to make a closing argument or submit a written closing statement”.
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