It’s still early in the deliberations of the parliamentary ad hoc committee into the fitness of suspended public protector Busisiwe Mkhwebane to hold office, but so far things are not going her way.
On Friday the multiparty ad hoc committee considered Mkhwebane’s report on the lifeboat of R1.125bn which the Reserve Bank gave Absa after its takeover of Bankorp. Mkhwebane recommended in her final report that Absa be required to repay the money and that the constitution be amended to change the mandate of the Reserve Bank to include the promotion of economic development.
This report and its remedial action were rejected by the high court and a personal costs order was handed down against Mkhwebane. In papers before the court the finance minister, the Reserve Bank and Absa said Mkhwebane’s findings had paid no regard to the evidence before her.
This is just one of Mkhwebane’s reports and actions which will come under scrutiny of the committee as it comes to a conclusion after months of hearings and mountains of evidence. Twenty-four witnesses gave evidence before the committee, six of them on behalf of Mkhwebane.
The committee was established after an independent panel found that there was prima facie evidence that Mkhwebane was guilty of incompetence and/or misconduct. The National Assembly referred the matter to the ad hoc committee for further investigation.
The work of the committee was delayed on several occasions by Mkhwebane’s failure to secure legal representation and her applications for the recusal of committee chairperson Qubudile “Richard” Dyantyi, which were rejected. Mkhwebane’s term of office comes to an end in mid-October.
On the lifeboat issue the committee found that Mkhwebane met with the presidency and the State Security Agency (SSA) but did not disclose this in her investigation report as she was legally required to do. No transcripts were made of the meetings. The majority of committee members believed there was a deliberate bid to keep these meetings secret whereas the public protector was under a legal obligation to disclose how she arrived at her recommendations and remedial action.
MPs also agreed that the scope of the investigation between the provisional and final reports on lifeboats was changed without relevant parties such as the Reserve Bank and parliament being given an opportunity to comment on it, as she was required to do. The scope of the provisional report did not include a change to the mandate of the Reserve Bank.
The committee found that Mkhwebane had exceeded her powers and negatively tarnished the reputation of the public protector’s office.
The committee agreed that Mkhwebane’s conduct was “dismissive, high-handed, biased and procedurally irrational and unfair” in the conduct of the lifeboat investigation.
It also found that Mkhwebane misrepresented her reliance on economic experts in compiling the report.
The committee also has to consider Mkhwebane’s conduct with regard to her investigation into the Vrede dairy farm and is considering sitting on Saturday to finalise its deliberations. It wants to submit its report to the National Assembly on August 12.
The National Assembly will have to vote on the committee's recommendation, with a two-thirds majority being required to impeach Mkhwebane.
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