Under fire public protector Busisiwe Mkhwebane appears to have succumbed to pressure from MPs: she has confirmed that she will launch a new probe into the role played by politicians in the Gupta-linked Vrede dairy farm project.
However, Mkhwebane defended her decision to approach the Supreme Court of Appeal to overturn the R1m personal costs order related to the Absa-Bankorp case.
"As MPs, I need your support to perform my functions without fear or favour, and prejudice. Such a judgment on personal costs [will have an impact] on the independence of the public protector and instils fear, stifling her from doing her work," she said.
Mkhwebane sought to emphasise that her office lacked capacity and needed more funding. It needed R870m over the medium term.
She said the office was so stretched that it had requested assistance from other government departments, including the State Security Agency. MPs described this as a major concern as the office of the public protector often handled very sensitive information from whistle-blowers.
"We must start to get worried about whether the involvement of the state security agency in the operations of the office of the public protector is not impacting on the ability of the office to perform its functions in an impartial manner," DA MP Werner Horn said.
Fitness to hold office
Mkhwebane spoke as she appeared before Parliament’s justice committee to discuss her offices’ performance plan and budget. MPs grilled her on a number of issues, including her fitness to hold office, the handling of the Absa-Bankorp case and the Vrede dairy farm project.
"Is it not a matter of concern to you that the Hawks are running ahead of you, raiding the offices of the premiers in the North West and in the Free State, when you have had an opportunity to look into what is happening in those provincial governments as part of your responsibility to support democracy?" portfolio committee chairperson Mathole Motshekga asked Mkhwebane.
She responded saying law enforcement agencies including the Hawks were generally more capacitated hence they could act fast.
However, she her office will launch a fresh probe into the role of politicians in the Vrede dairy farm scandal.
"The file will be opened and the matter [of the role of politicians] will be investigated," Mkhwebane said. She would provide MPs with an update including timelines by the end of April.
In February, Mkhwebane quietly released her report on the Vrede dairy project in the Free State. The report, labelled by opposition parties as a whitewash, concluded that there were procurement irregularities, "gross negligence" and maladministration related to the project.
Ace Magashule
As part of the remedial action, Mkhwebane recommended that then Free State premier Ace Magashule "initiate and institute disciplinary action against all implicated officials involved in the Vrede dairy project".
In February, the DA — the original complainants in the matter — stated that it would take the report on review, saying there had been no effort to investigate the true extent of corruption and to hold those responsible accountable.
"Magashule and [former agriculture MEC] Mosebenzi Zwane get off unscathed in what was a scheme that they conceived, planned and executed — along with the Guptas — to defraud the public of hundreds of millions of rand. After four years, advocate Mkhwebane simply cannot blame lack of capacity for this embarrassment of a report," DA leader Mmusi Maimane said at the time.
Mkhwebane indicated that Magashule and Zwane would be investigated, but could not commit to looking into what role the Guptas played, saying they were private citizens and not elected public representatives.
Leaked e-mails that showed that the Gupta family had significant control over the Vrede Dairy Farm contract between Estina, a company linked to the family, and the Free State agriculture department, did not form part of the public protector’s investigation of the project.
According to the #GuptaLeaks, at least R30m paid to the Guptas via the farm ended up being used for the family’s extravagant Sun City wedding in 2013.
The public protector states in her report that she noted the news reports on the e-mails, but that it did not form part of the scope of the investigation.
It was one of the aspects that were not investigated due to "capacity and financial constraint".
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