Public protector Busiswe Mkhwebane says she was suspended because she investigated the powerful, including President Cyril Ramaphosa and the theft at his farm.
Mkhwebane was testifying before the section 194 parliamentary inquiry into her fitness to hold office, which resumed on Tuesday.
Mkhwebane said she was obliged to investigate members of the executive accused of violating the Executive Members Ethics Act (EMEA) which happened in the case of donations to the CR17 campaign by Bosasa.
“I am sitting here as part of the charges in this hearing because of what I had investigated. I am facing the consequences.
“Now, with the issue of Phala Phala [Ramaphosa's farm], sending those 31 questions led me to be suspended a day before the court was supposed to pronounce. These are the repercussions of investigating the powerful.”
Mkhwebane was referring to her suspension by President Cyril Ramaphosa on June 9 last year, a day before the Western Cape High Court ruled on her pending suspension.
Ramaphosa had written to Mkhwebane in March last year asking her to give him reasons why he should not suspend her. Mkhwebane had gone to court to interdict Ramaphosa from suspending her and parliament from proceeding with the inquiry because she was seeking the rescission of a Constitutional Court ruling which paved the way for the inquiry to commence its probe.
“That is why the executive is at the core of my challenges as public protector. My predecessor faced the similar issue but it was better with her because she never reached a stage where she is sitting here and subjected to impeachment,” Mkhwebane said.
Mkhwebane said this was because the office investigated the most powerful, the “owners of the media industry, and capital”.
“Unfortunately with me, I am taken to court, the CR17 (case) where the facts are wrong and the judgment is out there.”
She said there was evidence before court and her team came to a conclusion there was violation of the EMEA.
Mpofu said one of the big issue in her report on the donations to the CR17 campaign was that Ramaphosa took a “technical point” in the review application that the money donated to the campaign was for political party activity which was private activity.
Mpofu asked if Mkhwebane and her team had determined that her office had jurisdiction to investigate.
Mkhwebane said that after receiving a complaint, her team had determined it had jurisdiction.
“It transpired when the person was the deputy president and as deputy president you are an MP, you need to declare whatever gift you have.”
Mkhwebane said she wrote to the speaker of the National Assembly to request any declaration by Ramaphosa.
“It was not at all a fishing expedition or trying to target the president. Our investigation uncovered such things. We received, analysed, researched and we discovered that in this matter we have jurisdiction. That is what we thought and I still think like that because he was a deputy president and he had to declare.”
The inquiry continues on Wednesday.
TimesLIVE
I was suspended because I investigated the powerful, says Mkhwebane
Image: Simphiwe Nkwali
Public protector Busiswe Mkhwebane says she was suspended because she investigated the powerful, including President Cyril Ramaphosa and the theft at his farm.
Mkhwebane was testifying before the section 194 parliamentary inquiry into her fitness to hold office, which resumed on Tuesday.
Mkhwebane said she was obliged to investigate members of the executive accused of violating the Executive Members Ethics Act (EMEA) which happened in the case of donations to the CR17 campaign by Bosasa.
“I am sitting here as part of the charges in this hearing because of what I had investigated. I am facing the consequences.
“Now, with the issue of Phala Phala [Ramaphosa's farm], sending those 31 questions led me to be suspended a day before the court was supposed to pronounce. These are the repercussions of investigating the powerful.”
Mkhwebane was referring to her suspension by President Cyril Ramaphosa on June 9 last year, a day before the Western Cape High Court ruled on her pending suspension.
Ramaphosa had written to Mkhwebane in March last year asking her to give him reasons why he should not suspend her. Mkhwebane had gone to court to interdict Ramaphosa from suspending her and parliament from proceeding with the inquiry because she was seeking the rescission of a Constitutional Court ruling which paved the way for the inquiry to commence its probe.
“That is why the executive is at the core of my challenges as public protector. My predecessor faced the similar issue but it was better with her because she never reached a stage where she is sitting here and subjected to impeachment,” Mkhwebane said.
Mkhwebane said this was because the office investigated the most powerful, the “owners of the media industry, and capital”.
“Unfortunately with me, I am taken to court, the CR17 (case) where the facts are wrong and the judgment is out there.”
She said there was evidence before court and her team came to a conclusion there was violation of the EMEA.
Mpofu said one of the big issue in her report on the donations to the CR17 campaign was that Ramaphosa took a “technical point” in the review application that the money donated to the campaign was for political party activity which was private activity.
Mpofu asked if Mkhwebane and her team had determined that her office had jurisdiction to investigate.
Mkhwebane said that after receiving a complaint, her team had determined it had jurisdiction.
“It transpired when the person was the deputy president and as deputy president you are an MP, you need to declare whatever gift you have.”
Mkhwebane said she wrote to the speaker of the National Assembly to request any declaration by Ramaphosa.
“It was not at all a fishing expedition or trying to target the president. Our investigation uncovered such things. We received, analysed, researched and we discovered that in this matter we have jurisdiction. That is what we thought and I still think like that because he was a deputy president and he had to declare.”
The inquiry continues on Wednesday.
TimesLIVE
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