Busisiwe Mkhwebane calls for remedial action following state of health facilities report

Public Protector Busisiwe Mkhwebane says she hopes that remedial action will be taken following her report on the poor state of health facilities in four provinces. The report which focused on Limpopo, Mpumalanga, Gauteng and KwaZulu-Natal was released on Friday. In Limpopo, Mkhwebane inspected Knobel Hospital outside Polokwane in September last year and found that the hospital administration violated health protocols in a COVID-19 ward.

Other problems that Mkhwebane’s team identified at the hospital included weak infrastructure and neglected laundry services. Mkhwebane says she has recommended that the Limpopo Health Department take remedial action.

“We came to the conclusion that with regards to appropriate remedial action, the department must take appropriate steps to ensure that within 2021, 2022 and 2023, the department must finalise the relocation of the X-ray room, complete the establishment of the laundry sorting area, continuation of the infrastructure renewal program, routine maintenance of the hospital premises and grounds and address labour relations matters between management and staff.

Busisiwe Mkhwebane disappointed to hear Mkhize implicated in the abuse of state resources

Public Protector Busisiwe Mkhwebane has waded into the Digital Vibes saga, saying that she was disappointed to hear that former Health Minister Zweli Mkhize had been accused of abusing state resources.

Mkhwebane made the comments while briefing the media on her investigations into public healthcare facilities in a number of provinces.

She said that the Digital Vibes investigation by the Special Investigating Unit (SIU) was critical because it had to do with the country’s COVID-19 response.

Mkhwebane said that her office was not asked to investigate the public abuse of funds with regards to the Digital Vibes matter.

She said that she could not initiate her own investigation based on the Executive Ethics Act without a complaint being lodged.

But she did express her disappointment at former Minister Mkhize being implicated.

“I think it’s very concerning and disappointing to hear that the former minister of health who would also be implicated in such instances of abusing state resources and not following processes and violating the Constitution.”

Mkhwebane said that the SIU keeps in touch with other law enforcement agencies and was on top of the matter.

She said that whatever evidence was obtained, it should be used to prosecute those involved.

Public Protector Busisiwe Mkhwebane clears President Cyril Ramaphosa

Public Protector Busisiwe Mkhwebane has closed some of the investigations involving allegations made against President Cyril Ramaphosa and some ministers.

Mkhwebane was asked to probe a breach of the constitution, the executive ethics and violation of the code of ethical conduct and disclosure of members’ interests, among other things.
In a statement, Mkhwebane said her office applied the applicable laws to the facts and made conclusions.

“Throughout the various investigations, we sought to establish what happened, what should have happened and whether there was a discrepancy between the two and whether discrepancy, if any, constituted maladministration and improper conduct,” she said.

In a complaint by whistleblower Thabiso Zulu against President Ramaphosa, Mkhwebane said she concluded that she could not pursue the complaint made in April 2020
Mkhwebane said Zulu alleged that after the assassination attempt on his life in October 2019, Ramaphosa promised him he was to be taken to a place of safety and be provided with protection.

“Based on the complaint and analysis of the documentation received, the public protector has come to the conclusion that it would therefore be improper to pursue the matter further and make any pronouncement on the allegation that the president failed to uphold the constitution, based on an alleged promise he made to Mr Zulu as no evidence of such an undertaking could be established.”

She also said it was also unclear how Ramaphosa would constitute a failure to uphold the Constitution on his part.
Shivambu lodged a complaint in October 2020 and asked whether Munusamy’s appointment was made in terms of the Public Service Act and whether it was acceptable and rational for Mboweni to appoint Munusamy when she was implicated in the Zondo commission for receiving money from the state intelligence funds.

Mkhwebane said she concluded that the appointment of Munusamy was made in terms of the Public Service Act.

Regarding the complaint against former DA leader Mmusi Maimane, Mkhwebane said it did not fall within her jurisdiction because he resigned as an MP in October 2019.

Hindu Unity Movement leader Jayraj Bachu lodged a complaint in October 2019 after Maimane declared in the MPs’ register interest a property in Cape Town as his own though it belonged to a shelf company owned by a Durban businessman Wessel Jacobs.

She said the matter did not fall within her jurisdiction This is to say Mr Maimane was not performing a public function in any of the state departments nor administrative functions in the national, provincial and local spheres of government.

Busisiwe Mkhwebane’s perjury case postponed once again

Public Protector Busisiwe Mkhwebane’s perjury case has been postponed again.

The public protector’s perjury case was previously postponed in June. The case was set to continue at the Pretoria Magistrate’s Court today.

National Director of Public Prosecutions (NDPP) Shamila Batohi was given until 29 September to decide if the National Prosecuting Authority (NPA) should go to trial with the remaining two perjury charges against Mkhwebane.

Mkhwebane was given the extension to make additional representations to Batohi. At the time, the NPA withdrew one of the three charges.

The remaining charges were in relation to Mkhwebane allegedly lying about the number of meetings she had with former president Jacob Zuma in 2018.

On Wednesday, however, the NPA asked for an additional six-week postponement to allow for Batohi to consider representations made to have the perjury charges withdrawn.

Mkhwebane appeared only briefly in court before the decision was taken to postpone the case until 2 December 2021.

‘Lying under oath’
The case relates to her investigation into the Absa/Bankorp matter in which she is accused of lying under oath about her meetings with Zuma.

Accountability Now laid a criminal complaint of perjury against Mkhwebane with the Hawks.

This followed the Constitutional Court’s (ConCourt’s) ruling in July 2019 that upheld a Pretoria high court judgment which found the Public Protector was dishonest about meetings she had with Zuma in affidavits submitted to the high court and the Pretoria Regional Court in 2017 and 2018.

During Mkhwebane’s court appearance in January, her lawyer, advocate Dali Mpofu told the court they would challenge the prosecution for perjury on the grounds that the case was “frivolous and contrived”.

Its over for Public protector Busisiwe Mkhwebane who lied to protect Jacob Zuma

Public protector Busisiwe Mkhwebane on Thursday stepped into the dock of the Pretoria regional court.

Dressed in a red suit, she seemed oblivious to the media contingent around her and casually engaged in conversation with her lawyer, Dali Mpofu.

The case was swiftly postponed to March 25.

The National Prosecuting Authority (NPA) asked for the postponement for “the management and resolution of pre-trial issues”.

Mkhwebane faces three counts of perjury charges after the NPA accused her of lying to the court – in the review application of her Absa/Bankorp report – about her meetings with former president Jacob Zuma.

The NPA says Mkhwebane intentionally and unlawfully lied in her affidavit to the North Gauteng High Court when she:

1. Declared that she only had one meeting with Zuma on April 25 2017 when she knew this was not true.

2. Declared in her affidavit to the Constitutional Court on April 26 2018 that she had a second meeting with Zuma on June 7 to clarify his response to her provisional report when she knows this was not true.

3. Declared to the Constitutional Court on June 5 2018 that she did not discuss her final Absa/Bankorp report with Zuma when they met on June 7 2018 when she knew this was not true.

The case follows the findings of the Constitutional Court in her case against the SA Reserve Bank where she argued for personal costs estimated to be R900,000.

The Constitutional Court found that Mkhwebane had “put forward a number of falsehoods” in her 2017 Absa-Bankorp report which found that Absa must repay R1.1bn to the SA Reserve Bank for the “lifeboat” lending agreement between SA Reserve Bank and the then Bankorp that was taken over by Absa.

Head of Accountability Now, Paul Hoffman, in 2019 laid criminal charges against Mkhwebane on the backdrop of the Constitutional Court judgment, which also found Mkhwebane may have been biased in her investigation and did not understand her constitutional duty to be impartial.

The NPA spokesperson, Sipho Ngwema, said the NPA was done with its investigations and that the state was ready for trial.

Mkhwebane’s appearance in court comes just days after being granted an 11-week sabbatical “to get some rest”.

She was granted the sabbatical by the speaker of parliament, Thandi Modise, on condition that she’ll avail herself for the parliamentary inquiry into her fitness to hold office. The inquiry, brought by the opposition DA, involves a number of investigations, including the Absa/Reserve Bank matter.

DA hopes to start proceedings to remove Busisiwe Mkhwebane next week

The Democratic Alliance (DA) said on Friday it hoped a parliamentary inquiry into Busisiwe Mkhwebane’s fitness for office could start as soon as next week.

The party’s comments came after Friday’s judgment by the Western Cape High Court, which dismissed Mkhwebane’s application to stop Parliament from proceeding.

Mkhwebane approached the court to stop Parliament from initiating a process that could end in her removal as the Public Protector pending a judicial review.

The DA spearheaded the motion to remove Mkhwebane for what it called incompetence. The party’s request was eventually granted by Speaker Thandi Modise, who is listed as the first respondent in the case.

DA chief whip Natasha Mazzone said she hoped Friday’s court ruling would be the end of the matter for Mkhwebane and that she would not continue her challenge.

“I would love to say that this would be the end of the advocate’s attempt to halt the process against her, but I very much doubt it, and I think everything but the kitchen sink will be thrown at Parliament to stop them from doing their job. But we now have a court order,” she said.

The court ruling also came a day after Modise told the National Assembly programme committee that she already had the names of members of the independent panel that would assess the case against Mkhwebane.

Mazzone said the process could start as early as next week.

“I think that today’s proceedings will simply embolden the Speaker to start that process very, very soon, as soon as next week if the names are in front of her. It’s taken a while,” she said.

Mkhwebane’s office could not be reached for comment.