Suspended Public Protector, Adv Busisiwe Mkhwebane says she cannot respond to the questions sent to her earlier this week by the parliamentary committee probing her fitness to hold office.
Mkhwebane has further denied statements by committee chairperson, Qubudile Dyantyi that she missed two deadlines to indicate whether she would respond to the questions in writing or orally.
She says the process to brief counsel to represent her in the inquiry is continuing.
“The more than 1000 questions sent to me, unfortunately I won’t be in a position to respond.
As soon as we appoint counsel then we will apply for Dyantyi to recuse himself and thereafter we will appear before a chairperson who is not conflicted, who is not facing allegations of bribery and extortion.”
Mkhwebane insists inquiry Chairperson Qubudile Dyantyi recuses himself:
List of questions
The list of questions for Mklhwebane to answer to are from the members of the committee as well as evidence leaders.
Most notable parties that did not submit any questions are the Economic Freedom Fighters (EFF), the United Democratic Movement (UDM) and the African Transformation Movement (ATM), who have all been vocal supporters of the Public Protector throughout the process.
Brett Heron of the Good Party asks the Public Protector why she had ordered that a meeting she held with the State Security Agency not be recorded. The question results from the fact that the meeting came about because records of a previous meeting with the agency could not be found.
Herron also wants to know why she had a political advisor. He also asks why a Mr Moodley from State Security Agency, who was known as an IT expert, was referred to, by Mkhwebane, as an economist.
Another question relates to why Paul Ngobeni, who was disbarred in the US, was used to give legal advice. Questions about Ngobeni’s role are repeated by a number of other members.
Democratic Alliance (DA) MP, Kevin MIleham, asks Mkhwebane about her failure to provide her application to work as an analyst for the State Security Agency to DA MP Glynnis Breytenbach.
This was ordered by the Supreme Court of Appeal in April 2021 and Mileham says this has resulted in her defamation case against Breytenbach remaining dormant since then. Mileham’s list of 86 questions include why external investigators were used in the Public Protector’s CR17 probe when there was no shortage of internal staff to do this.
Other members question Mkhwebane about evidence that she had not given some of the people about whom she made adverse finding a right to reply. These include Johan van Loggerenburg and Minister Pravin Gordhan.
ANC Deputy Chief Whip Doris Dlakude’s question goes in detail about why Mkhwebane relied on the Inspector General of Intelligence’s report in her SARS investigation. That report was never declassified and Dlakude asks if she thought she was entitled to rely on it.
Evidence leaders have sent their own separate set of questions to the Public Protector that runs into over a hundred pages. A large portion of these requires her to either agree or disagree with statements. Where she disagrees, this should be explained with reasons and supported by any evidence. Additional Reporting Joseph Mosia
Mkhwebane given deadline to respond to inquiry questions:
