The parliamentary committee inquiring into suspended public protector Busisiwe Mkhwebane’s fitness to hold office was on Wednesday shown court documents disputing her finding that the CR17 campaign was implicated in money laundering.
Evidence leaders at the section 194 inquiry continued to unpack evidence Mkhwebane had presented to the commission for six days.
Mkhwebane has been unable to present evidence since Friday, after the office of the public protector decided not to continue paying for her legal representation in the inquiry from April 1.
In her report on the donation of R500,000 by African Global Operations CEO Gavin Watson to President Cyril Ramaphosa’s CR17 campaign, the public protector said she made a finding of money laundering because the payment had passed through several intermediaries instead of a straightforward donation to the campaign.
Mkhwebane said she then referred the matter to the relevant institutions for probing.
Evidence leader Nazreen Bawa SC presented excerpts from a Pretoria high court judgment passed in March 2020 which reviewed and set aside the report.
In the judgment, the court said the public protector had no foundation in fact and in law to find that the president had involved himself in illegal activities sufficient to evoke the suspicion of money laundering.
“In addition, the public protector based her finding on legislation that has nothing to do with the offence of money laundering,” the court judgment read.
The judgment also said the public protector failed to properly analyse and understand the facts and evidence at her disposal.
“She clearly did not acquaint herself with the relevant law that defines and establishes the offence of money laundering before making serious unsubstantiated findings of money-laundering against a duly-elected head of state. Had she been diligent she would not have arrived at the conclusion she did.”
Bawa said the court found that Watson had made a donation to the CR17 campaign as a long-standing member of the ANC. The court said there was no contrary evidence.
The court also said Mkhwebane made serious findings based on unfounded assumptions.
Another evidence leader, Ncumisa Mayosi, said in her remedial action on the CR17 report, Mkhwebane had directed that the national director of public prosecutions (NDPP), within 30 working days, conduct further investigation into the prima facie evidence of money laundering she had uncovered during her investigation.
Mkhwebane also said the NDPP must submit an implementation plan indicating how the remedial action would be implemented. This remedial action was challenged in court.
“What led to the challenge was that she did more than merely refer these matters to relevant authorities, she instructed the NDPP as to how to discharge her responsibility. What had to be determined by the court was whether the PP’s remedial action was a mere referral or an instruction to those authorities,” Mayosi said.
Mayosi read from the judgment setting aside the report, which stated that the remedial action directed at the NDPP was an instruction.
“The public protector has no power to direct the NDPP when or how to carry out her functions. Nor does she have powers to monitor the NDPP’s conduct. That would undermine the essence of prosecutorial independence,” Mayosi read from the judgment.
Mayosi said the committee could ask Mkhwebane whether she accepted she did not have the authority to issue instructions to the NDPP.
The hearing continues.
TimesLIVE
Section 194 committee shown how court dismissed public protector’s money laundering findings
Image: Thulani Mbele
The parliamentary committee inquiring into suspended public protector Busisiwe Mkhwebane’s fitness to hold office was on Wednesday shown court documents disputing her finding that the CR17 campaign was implicated in money laundering.
Evidence leaders at the section 194 inquiry continued to unpack evidence Mkhwebane had presented to the commission for six days.
Mkhwebane has been unable to present evidence since Friday, after the office of the public protector decided not to continue paying for her legal representation in the inquiry from April 1.
In her report on the donation of R500,000 by African Global Operations CEO Gavin Watson to President Cyril Ramaphosa’s CR17 campaign, the public protector said she made a finding of money laundering because the payment had passed through several intermediaries instead of a straightforward donation to the campaign.
Mkhwebane said she then referred the matter to the relevant institutions for probing.
Evidence leader Nazreen Bawa SC presented excerpts from a Pretoria high court judgment passed in March 2020 which reviewed and set aside the report.
In the judgment, the court said the public protector had no foundation in fact and in law to find that the president had involved himself in illegal activities sufficient to evoke the suspicion of money laundering.
“In addition, the public protector based her finding on legislation that has nothing to do with the offence of money laundering,” the court judgment read.
The judgment also said the public protector failed to properly analyse and understand the facts and evidence at her disposal.
“She clearly did not acquaint herself with the relevant law that defines and establishes the offence of money laundering before making serious unsubstantiated findings of money-laundering against a duly-elected head of state. Had she been diligent she would not have arrived at the conclusion she did.”
Bawa said the court found that Watson had made a donation to the CR17 campaign as a long-standing member of the ANC. The court said there was no contrary evidence.
The court also said Mkhwebane made serious findings based on unfounded assumptions.
Another evidence leader, Ncumisa Mayosi, said in her remedial action on the CR17 report, Mkhwebane had directed that the national director of public prosecutions (NDPP), within 30 working days, conduct further investigation into the prima facie evidence of money laundering she had uncovered during her investigation.
Mkhwebane also said the NDPP must submit an implementation plan indicating how the remedial action would be implemented. This remedial action was challenged in court.
“What led to the challenge was that she did more than merely refer these matters to relevant authorities, she instructed the NDPP as to how to discharge her responsibility. What had to be determined by the court was whether the PP’s remedial action was a mere referral or an instruction to those authorities,” Mayosi said.
Mayosi read from the judgment setting aside the report, which stated that the remedial action directed at the NDPP was an instruction.
“The public protector has no power to direct the NDPP when or how to carry out her functions. Nor does she have powers to monitor the NDPP’s conduct. That would undermine the essence of prosecutorial independence,” Mayosi read from the judgment.
Mayosi said the committee could ask Mkhwebane whether she accepted she did not have the authority to issue instructions to the NDPP.
The hearing continues.
TimesLIVE
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