Cape Town - Public Protector Busisiwe Mkhwebane believes that the parliamentary inquiry into her fitness to hold public office was “merely a politically motivated witch-hunt” reminiscent of what retired chief justice (CJ) Mogoeng Mogoeng said about investigations by her office that were bound to attract hostile responses.
“The prophecy of CJ Mogoeng Mogoeng is coming to fruition because exactly what he said is what I am currently going through,” she said.
Mkhwebane made the statement when her legal counsel advocate Dali Mpofu SC led her in her testimony, which is set to run until March 31.
Present to lend support to her during the proceeding were her two sisters and husband.
Mkhwebane said the inquiry was a “special project” of the DA aimed at scoring political points.
“This process has nothing to do with accountability. It has nothing to do with the Constitution and the rule of law,” she said.
The impeachment process was far removed from the Constitution, she maintained.
“It is a politically motivated witch-hunt masquerading as a bona fide enquiry under Section 194 of the Constitution.” Mkhwebane also said the issue was that the DA wanted to get rid of her and punish her for doing her work without fear or favour with the ANC assisting in her impeachment process.
“What CJ Mogoeng Mogoeng said is that one would deal with raw state power.
“This is exactly what happened,” she said, before mentioning the investigation she probed after the DA and EFF lodged complaints under the Executive Members Ethics Act.
Mkhwebane said she was very excited that she had the opportunity to address the South African public, the world at large and her colleagues in Africa.
However, she noted that it had been six and half years since she became public protector.
She said that she had never had peace since starting her work when the DA claimed she was a spy.
“It is good that one is here just to put things into perspective and indeed the public to hear directly from me.
“Those who have ears will hear and those with eyes will see and it is for them to judge for themselves.”
Mkhwebane also said she had been trying since 2017 to bring to the attention of Parliament and make the law makers comply and do things the right way.
During her testimony, Mpofu noted that Mkhwebane that participated in the impeachment inquiry under protest and had been accused of all sorts of things, including Stalingrad.
Mkhwebane told the inquiry that the DA initiated the proceedings after the Gauteng High Court delivered a judgment on the CIEX investigation and claimed that she did not know the law.
She gave an account of how events unfolded since 2017 until now.
These included the composition of the independent panel that provided for inclusion of a judge and the drafting of the rules for impeachment, which did not provide her with legal representation and the apex court came to her rescue.
Mkhwebane said the rules were drafted specifically for her.
“This process should not be about removal but the determination of fitness to perform your responsibilities,” she said.
On her suspension by President Cyril Ramaphosa, Mkhwebane said it happened when she was asked to give reasons and also engaged in litigation.
Mkhwebane had also sent 31 questions to Ramaphosa a week after the ATM lodged a complaint after the Phala Phala scandal broke, and the judgment was awaited in a matter lodged in the Western Cape High Court.
She noted that Ramaphosa could not proceed with the suspension when there were several things to take into consideration.
“It was as if the president was not respecting the court after being informed that judgment will be issued the following day.”
Cape Times