Busisiwe Mkhwebane says legal team still representing her

Suspended Public Protector Busisiwe Mkhwebane insists her legal representatives never withdrew from the hearing into her fitness to hold office.

She’s back in the hot seat on Tuesday continuing the fight for her job.

Last week, her lawyer Advocate Dali Mpofu told the committee that the Parliamentary impeachment process was unfair.

”As ordered by the Committee, I have tried everything in my power to determine, clarify and reconfirm the situation regarding my constitutionally guaranteed right to legal representation in the inquiry and the positions of my current legal team of attorneys and advocates,” she said.

“As repeatedly stated by me to the Committee, it was never the case that any of my legal representatives withdrew from representing me or walked out, as incorrectly alleged by some members of the Committee, the Parliamentary legal adviser, and some sections of the media who are hostile to me.”

Busisiwe Mkhwebane says it’s cruel and callous for her to remain suspended

Public Protector Busisiwe Mkhwebane says it’s cruel and callous for her to remain suspended, despite a court order which found her suspension to have been invalid.

She’s back in the Western Cape High Court on Tuesday morning applying for leave to appeal to the Supreme Court.

Mkhwebane disagrees with the second High Court ruling confirming that its order on her suspension is subject to confirmation by the Constitutional Court.

Busisiwe Mkhwebane’s lawyer, Dali Mpofu, says there’s a reasonable probability a higher court will come to a different conclusion about whether Mkhwebane should be reinstated to her job immediately.

The Western Cape High Court found her suspension to have been invalid last month.

Mpofu has argued that that order should become immediately operational.

He says it could take months for the Constitutional Court to come to a conclusion both on a pending appeal, and whether or not to confirm the finding of the High Court that the conduct of the president was improper.

Mpofu says the Supreme Court of Appeal should consider the merits of the matter before it heads for the Constitutional Court on 24 November.

Mkhwebane is being supported in this application by three political parties – the UDM, ATM and PAC.

Busisiwe Mkhwebane back in court over illegal suspension

Public Protector Busisiwe Mkhwebane will be back in the Western Cape High Court on Tuesday, in an ongoing battle to return to her desk.

While scoring a victory in the same court last month, which found her suspension by the president invalid and improper, the full bench later confirmed the judgment was not of immediate effect.

Mkhwebane wants to approach the Supreme Court to appeal this ruling, saying it’s not in the interest of justice.

Busisiwe Mkhwebane will be making a third attempt to return to office.

She disagrees with a ruling two weeks ago, that the lifting of her suspension is subject to confirmation by the Constitutional Court, because it involves a decision taken by the president.

The Constitutional Court is set to hear the matter in a month’s time.

But Mkhwebane will argue on Tuesday that the bench made errors of fact and law, in not granting her temporary relief.

She says this is particularly so, given the gross illegalities that accompanied Ramaphosa’s decision to suspend her.

In September, the same bench found the president had acted with bias and in retaliation, when he suspended her in June.

The ATM, UDM, and PAC will all be backing the Public Protector’s application for leave to appeal to a higher court.

The Presidency and the DA on the other hand, will oppose the application.

Busisiwe Mkhwebane allegedly offered ex-employee millions to vacate office

Former Public Protector spokesperson, Cleo Mosana was allegedly offered up to R3 million to vacate office – which she declined.

The Section 194 inquiry – looking into the possible impeachment of Public Protector Busisiwe Mkhwebane, on Friday heard evidence on how the Public Protector wanted Mosana out.

Executive manager of complaints and stakeholder management, Nthoriseng Motsitsi testified that during her acting stint as CEO, she was stressed about the financial health of the Public Protector’s office.

Among those stresses was the issue of Mosana – who had fallen out of favour with Mkhwebane.

Motsitsi claims Mosana was given two settlement offers, which she says they could not afford.

Mosana is alleged to have declined two offers from Mkhwebane of R1 million and R3 million to leave her job.

Nthoriseng Motsitsi, executive manager of complaints & stakeholder management:

Looking at the amount of what was proposed, from R1m to R3m…it was completely unaffordable for Public Protector to pay any settlement.

Motsitsi says key capital projects could also not be carried out because of overspending.

The inquiry will hold its first weekend session when it hears evidence from another former Public Protector senior official on Saturday.

Acting PP: Public funds being used to fight Busisiwe Mkhwebane’s legal woes

Acting Public Protector (PP) Kholeka Gcaleka says public funds are being used to fight the legal woes of her suspended boss – Busisiwe Mkhwebane.

Gcaleka addressed scores of demonstrators outside of her office in Pretoria on Friday, including members of various political parties who demanded the release of a report into the the burglary at President Cyril Ramaphosa’s Phala Phala farm.

The EFF, UDM, and the ATM were among the political parties represented.

ATM president Vuyo Zungula expressed their displeasure with acting PP Kholeka Gcaleka.

Vuyol Zungula, ATM president:

As an acting Public Protector, you wasted no time in trying to prevent the public protector’s office from funding the legal cost of public protector, Advocate Busisiwe Mkhwebane.

But Gcaleka denied that her office has deserted Mkhwebane.

Kholeka Gcaleka, acting public protector:

We are paying for her to contest her suspension. We are paying for her to defend herself in the impeachment process. We are also paying for her to defend herself in the criminal proceedings of the perjury charges that she is facing.

Gcaleka says her office will respond the memorandum of demands within seven working days.

Busisiwe Mkhwebane redirected office funds for legal battles, Parliament told

The parliamentary inquiry into suspended Public Protector Advocate Busisiwe Mkhwebane’s fitness to hold office has heard how funds were redirected and budgets cut to fund legal battles in the office.

Head of the public protector’s office in the Free State, Sphelo Samuel spent the day testifying before the national assembly on Wednesday.

He provided his account of affairs at the Office of the Public Protector’s office under Mkhwebane’s leadership.

Samuel told Parliament that under Mkhebane, the Office of the Public Protector became significantly more litigious.

“It meant that other programmes in the office would suffer because the money that was budgeted for other programs was now diverted to legal fees and the principle [that] up until then followed was that we are not an institution that is involved in litigation as our primary function.”

He said programmes targeted at South Africans in rural areas were the first to suffer as travel budgets were slashed.

Samule added that the office’s outreach clinics were underfunded.

Mkhwebane’s lawyer, Advocate Dali Mpofu is expected to begin his cross-examination of Samuel on Thursday morning

Parliament probe into Busisiwe Mkhwebane back on after ConCourt dismisses bid to halt it

Public Protector Busisiwe Mkhwebane will soon have to prove that she is fit to do her job.

On Friday, the Constitutional Court dismissed her last attempt to stop an inquiry into her fitness to hold office.

Mkhwebane had asked the court to rescind its earlier judgment which endorsed the rules governing a long-awaited inquiry.

In its judgment, the apex court said that it found no basis for her application.

The move essentially means that Parliament can now go ahead with its investigation into her fitness to hold office.

Busisiwe Mkhwebane bashed for her tweet on the Tembisa 10 saga

Public protector Busisiwe Mkhwebane has found herself at the receiving end of a backlash for a tweet she posted on the “Tembisa 10” saga.

Late on Tuesday, she posted on her personal Twitter account: “#Tembisa10 #eskom #Loadshedding #Decuplets this country though, heads must roll. Strength to you Gosiame Sithole all is well”.

The tweet came in the wake of a press briefing by Independent Media earlier that day where chair Dr Iqbal Survé continued to stand by the widely discredited story published in June by Pretoria News, claiming Sithole had given birth to 10 babies.
Survé claimed, among others, that an internal investigation had confirmed the babies were indeed born, but that two had died and the other eight “trafficked”.

He claimed the investigation revealed a massive government cover-up and that government officials and private hospitals were involved in a wide-scale baby trafficking ring.

The claims were, however, not substantiated and the Gauteng government has announced plans to take legal action against Independent Media.

The private hospitals have also strongly denied the claims. By Thursday afternoon, Mkhwebane’s tweet had 660 likes and nearly 100 comments – many of which were critical in tone.

“I sincerely hope this is a parody account because if it is not… tweet is highly problematic. What would happen if this case lands at your desk for investigation?” tweeted @chillim01.

And legal expert advocate Paul Hoffman said on Thursday this was the problem. “According to the constitution, the public protector… is meant to conduct herself in a manner that is independent.

It therefore behoves her to avoid commenting on matters that may become the subject of a complaint,” he said.

Mkhwebane’s spokesperson, Oupa Segwale, on Thursday emphasized that “like all of us, she enjoys all the rights and freedoms enshrined in the Bill of Rights”.

“This includes the right to freedom of expression. Her being the public protector does not mean she waives these rights and freedoms. She tweeted in her personal capacity…”

He said their office has a Twitter account were official matters are communicated.

“As things stand, there is no complaint or investigation about load shedding or the so-called #Tembisa10. In the event a complaint is lodged, the office will investigate it in line with the provisions of the constitution, which refer to impartiality, independence and without fear, favour or prejudice…”

Busisiwe Mkhwebane: EC Premier improperly benefitted from Madikizela-Mandela memorial funds

Another senior government official was implicated in the alleged fraud linked to the memorial service for Winnie Madikizela-Mandela.

The Public Protector’s office has evidence that Eastern Cape Premier Oscar Mabuyane improperly benefited from funds meant for the memorial service.

Their investigation follows a complaint about maladministration in the Eastern Cape provincial government.

3 Tshwane hospitals found lacking in Busisiwe Mkhwebane’s report on Covid-19 state of readiness

At least three hospitals in the City of Tshwane have been found wanting by Public Protector Busisiwe Mkhwebane in her report about the state of readiness of public health facilities in dealing with Covid-19.

Mkhwebane’s investigation looked at the administration, management, and responsiveness of certain hospitals to the Covid-19 pandemic in August last year.

The report followed claims last year that Gauteng hospitals had been hardest hit by the pandemic due to a backlog of tests, lack of field hospitals constructed and bed shortages.

Deputy Public Protector Kholeka Gcaleka said the aim of the investigations was to assess how the facilities coped with the demand for services and get a sense of whether sufficient safety measures were implemented to cushion both workers and the public from the devastation brought about by the Covid-19 pandemic.

Gcaleka said the team also looked into the general conditions at the facilities, including infrastructure, the availability of equipment and medical supplies as well as matters pertaining to human resources.

Random interviews were conducted with medical and nursing staff organised labour and patients as part of the probe.

Gcaleka said the investigations confirmed that the administrative deficiencies at the Gauteng Department of Health had led to systemic challenges in the delivery of primary healthcare services at all the hospitals visited.

In respect to Jubilee District Hospital in Hammanskraal, the investigation found there were challenges with the centralisation of the procurement of personal protective equipment, resulting in delays in supply and delivery.

The hospital was also found to have also struggled with delays in the testing turnaround time. However, that improved over time.

Jubilee Hospital was also found to have allegedly failed to provide evidence that it had complied with the directive for staff members who contracted Covid-19 to be granted special leave upon application as claimed by the organised labour.

According to the report, the situation at Dr George Mukhari Academic Hospital was no better as there were systemic deficiencies such as the failure to remunerate contracted Covid-19 healthcare workers and the late creation of positions, which was acknowledged by the hospital chief executive Dr Richard Lebethe.

The hospital also experienced gross delays in the procurement of medical equipment for the hospital, which was requested more than three years ago.

However, the report highlighted that this fault was not squarely of its doing; in fact, it was due to the limited delegation given to the hospital chief executive as well as centralisation of procurement and ineffective supply chain management unit within the provincial Health Department.

A lack of contract management in respect of waste disposal at George Mukhari Hospital also resulted in the service provider benefiting for four years without a competitive bidding process being undertaken.

Gcaleka explained that the failure to convene regular risk management meetings had hampered the hospital in preparing for and mitigating emerging risks during the pandemic.

The Steve Biko Academic Hospital, much like Dr George Mukhari Academic Hospital, was found to have failed to convene risk management meetings for the current term, with the risk management committee not comprised of both management and external members or the nomination of an external chairperson of the risk committee as recommended by the Public Sector Management Framework Act.

The report also pointed towards the ineffective communication of the risk strategy to all officials employed by the hospital.

Following on this, the public protector recommended that the provincial Department of Health, in consultation with the Department of Infrastructure Development, ensured that Steve Biko conducted a full conditional assessment of the hospital’s roof repairs in order to develop a cost-based strategy for planning and budget allocation.

Secondly, the hospital had to convene regular risk management meetings with a committee comprising of all the necessary members.

In respect to Jubilee Hospital, the acting head of the provincial Department of Health, Dr Sibongile Zungu, was instructed to ensure that steps were taken to ensure there was compliance with testing turnaround times of specimens and for the hospital to be provided with additional fleet vehicles from the department in instances where it was allocated high volumes of goods.

Working alongside the Infrastructure Development Department and the Gauteng Provincial Treasury, it was recommended that a full conditional assessment of hospital buildings at Jubilee hospital be conducted in order to develop a cost-based strategy for planning and budget allocation for the refurbishment of the facility, within the 2021/22 medium-term expenditure framework.

This work had to be completed within 30 working days of the report release on Friday.

As part of the recommendations for Dr George Mukhari Academic Hospital, the head of the provincial department is to address its waste management woes as well as to conduct an assessment of the hospitals’ buildings, while at the same ensuring that disciplinary steps were taken against those officials responsible for the late payment of contract health workers as well as the appointment of staff before positions were created.

The public protector also instructed the head of the Infrastructure Development Department to submit a report to her office regarding the maintenance plan of the hospitals, and how they were maintained or repaired within 60 working days of the report’s release.