Busisiwe Mkhwebane

3 December 2018: Public Protector Busisiwe Mkhwebane signed a Memorandum of Understanding with the Chairperson of SAHRC, Prof Bongani Majola. Photo: @PublicProtector / Twitter

Busisiwe Mkhwebane survives DA attempts to boot her from office

It looks as if Busisiwe Mkhwebane has used another one of her nine lives. The DA have been thwarted this time, but promised to “carry on fighting”.

Busisiwe Mkhwebane

3 December 2018: Public Protector Busisiwe Mkhwebane signed a Memorandum of Understanding with the Chairperson of SAHRC, Prof Bongani Majola. Photo: @PublicProtector / Twitter

Public Protector Busisiwe Mkhwebane is perhaps thankful for the protection she received from the Justice and Correctional Services Portfolio Committee on Tuesday after it was confirmed they could not rule if she was fit for office or not.

The opposition party have been chasing Mkhwebane for the best part of a year, following a ruling in the Gauteng High Court last February. The 49-year-old is accused of exhibiting “reasonable bias” in trying to recover state funds that were lost during the years of apartheid rule.

Busisiwe Mkhwebane, Bankorp and CIEX

In June 2017, Mkhwebane dusted off the Bankorp-CIEX report that was scribed by Michael Oatley, the founder of Ciex – a UK-based company that specialises in debt recoveries.

In Oatley’s report, ABSA was fingered as the company that owed the government money after bought over Bankorp. Going off the damning allegations laid in this report, Mkhwebane was motivated to ‘recoup’ funds owed to the government. It’s a complicated subject, and one we explained back in December 2017.

When the public protector lost in court

Embarrassingly for Mkhwebane, the court also told her to cover 15% of the legal fees related to the case. When she suggested changing the constitution in order to allow for fast-track debt collection, it had an adverse impact on the rand, sending its value plummeting. This was a factor mentioned when her appeal was turned down in March.

However, Parliament seems to have vindicated her even if the courts won’t – a move that has really pushed the buttons wired to John Steenhuisen. The DA chief whip is not happy with the committee, and teed off at the decision:

“Today’s committee recommendation is nothing new and the ANC will continue to shield their rank and file from the consequences of their actions.”

“This draft report fails dismally to deal with the substantive merits of the matter as well as the substantive court findings made against Busisiwe Mkhwebane in this matter. It is patently clear that the PP is not a fit and proper person for this process and is unfit for office.”

John Steenhuisen

Steenhuisen, DA vow to “keep fighting” Busisiwe Mkhwebane

The Parliamentary committee said that it was up to the National Assembly to decide if Mkhwebane should stay or go. That’s an option the DA will be forced to consider, but first, they are submitting a minority report on the matter as they pursue action against the Chapter 9 Office Bearer.