Public protector Busisiwe Mkhwebane is guilty of incompetence and misconduct. That is the damning verdict delivered by a parliamentary ad hoc committee probing her fitness to hold office.
This is not a surprise to anyone who has followed her controversial tenure, marked by flawed investigations, court defeats, personal cost orders, staff intimidation and political bias.
Mkhwebane has failed to uphold the constitutional mandate of her office, which is to protect the public from maladministration and corruption. Instead, she has abused her powers to pursue a political agenda, targeting her perceived enemies and shielding her allies. She has also wasted public resources on frivolous litigation, leaving her office in financial distress and unable to fulfil its core functions.
One of the most glaring examples of Mkhwebane’s incompetence and misconduct is her handling of the SA Revenue Service (Sars) “rogue unit” case, which implicated former Sars commissioner Pravin Gordhan and former Sars executive Ivan Pillay in wrongdoing. Mkhwebane relied on unsubstantiated allegations by political parties and a classified report that she had no authority to use. She ignored relevant evidence and made irrational findings that the courts overturned. In fact, the Gauteng high court found that the investigation report was the product “of a wholly irrational process bereft of any sound legal or factual basis”.
Mkhwebane also botched the investigations into the Absa lifeboat and the Vrede dairy farm scandals, failing to hold accountable those responsible for looting public funds. She made appointments that raised questions about her independence and impartiality. She victimised and harassed staff who dared to challenge her decisions or expose her wrongdoing.
Mkhwebane has shown no remorse or willingness to correct her mistakes. She has defied the courts, parliament and the public and accused her critics of being part of a conspiracy to undermine her office.
Some may wonder why it is necessary to impeach Mkhwebane, given that she is currently suspended and her term of office is due to end in October. However, there are several reasons why impeachment is still important and urgent.
First, impeachment is the only way to ensure that Mkhwebane is held accountable for her actions and that she does not benefit from any privileges or benefits attached to her office.
Furthermore, impeachment is the only way to send a clear message to the public and the world that SA takes its constitutional institutions seriously and that it will not tolerate any abuse of power or breach of trust by its public officials.
Therefore, it is imperative that Mkhwebane is impeached as soon as possible. This is not a personal or political vendetta against her, but a constitutional imperative to uphold the rule of law, democracy and good governance in SA.
The National Assembly must act swiftly and decisively to impeach Mkhwebane and restore the integrity and dignity of the public protector’s office. We deserve a public protector who is competent, independent, impartial and accountable. Mkhwebane is none of these.
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