Busisiwe Mkhwebane’s advocate has slated a witness before the Section 194 committee, insisting Sphelo Samuel is disgruntled, vengeful and sexist.
Dali Mpofu said Samuel was also an “unrepentant” liar who has contradicted himself in his testimony and unduly criticised Mkhwebane’s competence.
Samuel has confirmed allegations by another witness, Tebogo Kekana, that the suspended public protector had ordered staff to steer clear of politicians former Free State premier Ace Magashule and his agriculture MEC Mosebenzi Zwane in their investigations.
He also spoke of Zwane turning up at Mkhwebane’s birthday party in 2020, which he considered inappropriate, considering his allgeded involvement in the Vrede dairy scandal which the office had investigated.
Samuel, who was recently reinstated, testified that days after he sent an email to Mkhwebane in 2020 asking her to resign after she lost a number of cases, he found himself charged with several allegations of misconduct and was suspended.
On Monday Mpofu moved to discredit Samuel’s evidence against Mkhwebane. He started with Samuel’s allegation that he had asked Mkhwebane to issue subpoenas for Magashule and Zwane. He asserted it was Mkhwebane who drove the finalisation of the probe.
Mpofu insisted Samuel falsely accused Mkhwebane of interfering with the Vrede dairy report.
Mkhwebane’s lawyer quibbled over Samuel’s assertion that she was litigious to a fault and that this came at great cost to the office and negatively affected its social outreach projects. “The notion that she defended every case is false,” said Mpofu.
He insisted that Samuel’s view on Mkhwebane going to court to defend her work was mistaken. “Your theory of reckless litigation is flawed,” said Mpofu.
Referring to his statement to the committee, which numbered about 70 pages, Mpofu said: “It is not worth the paper that it is written on. You are just subjecting us innocent citizens to lies, a barrage of lies aimed at revenge and insulting the public protector with no basis, simply because you were disciplined for assaulting a 67-year-old.”
Samuel was found guilty of assaulting a co-worker several years ago but he is challenging the finding. He claims the scuffle between the two was raised in disciplinary processes to intimidate him after he voiced his critical views on Mkhwebane’s conduct.
Two MPs complained about Mpofu’s questioning after he said Samuel would be criminally charged with perjury. DA MP Benedicta van Minnen said: “Threatening people with reporting them to the authorities, really, is going a step too far.” The ACDP’s Marie Sukers chimed in with a similar concern.
“I must say, it is concerning. Because what it does do is it impacts future witnesses that are coming here and coming to tell their story. I absolutely agree,” said Sukers.
In reply, chair Qubudile Dyantyi said that he was mindful of the committee’s directives and had taken these into account, taking his cues from Samuel. “The only issue that is being raised in a strong way is the issue of lying and the liar,” said Dyantyi.
Mpofu said the prospect of charging Samuel was not a threat but a promise and noted that Mkhwebane — who has yet to give her version or respond to allegations raised in the committee — was subject to the same rules when testifying before the committee. “It is usually like this when the shoe pinches,” he said.
Former CEO in the office of the public protector, Vussy Mahlangu, will testify on Tuesday. His appointment as CEO in 2018 caused controversy. Some staffers alleged Mkhwebane defended Mahlangu’s arrival as a step towards radical economic transformation. She denies using the term.
Mahlangu was dismissed from a previous job in the government, as deputy director-general of rural development and land reform, after a scandal about handing over a farm to an ANC employee.
His resignation in early 2020 was alleged to be the consequence of a fallout with Mkhwebane.
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