By Lehlohonolo Lehana.
Former Public Protector Thuli Madonsela will now appear before the Section 194 inquiry into Busisiwe Mkhwebane’s fitness for office on Monday and Tuesday.
Madonsela was scheduled to testify as a witness for Mkhwebane after the committee previously resolved to summon her.
She decided to appear voluntarily, but not to consult with Mkhwebane’s legal team or let them help her draw up her affidavit.
However, on Wednesday morning, after complaining about committee processes for about 30 minutes, Mkhwebane’s advocate, Dali Mpofu SC, indicated that he was not prepared to lead Madonsela’s evidence because the committee had “hijacked” her.
The committee did nothing of the sort – and, after some toing and froing, the committee resolved not to call Madonsela as a witness, as neither Mpofu nor the evidence leaders – who still question Madonsela’s relevance to the committee’s work – were prepared to lead her evidence.
The committee accepted her affidavit, which speaks to the CIEX and Vrede investigations, as written evidence.
Mpofu threatened that they would either go to court, or submit a fresh proposal to the committee to call Madonsela as a witness.
“In which case you’ll have a much longer delay,” said Mpofu.
On Thursday, the committee concluded the evidence of Public Protector chief investigator Rodney Mataboge.
At the end of the proceedings, Mpofu informed committee chairperson Qubudile Dyantyi that they accepted his proposal.
Dyantyi explained that he, on Wednesday evening, wrote to Mkhwebane’s legal team with the proposal that Madonsela’s evidence be heard on Monday and Tuesday.
This is the proposal Mpofu agreed to. Mkhwebane’s team will lead Madonsela’s evidence.
When it decided to summon her, the committee limited the scope of Madonsela’s testimony to the Vrede and CIEX investigations.
These investigations were started during her term, but completed by Mkhwebane and then set aside by the courts. Those judgments form part of the basis of the charges of misconduct and incompetence against Mkhwebane.
In her four-page affidavit, Madonsela related how the State Security Agency (SSA) once intercepted evidence she had gathered on the CIEX investigation.
Meanwhile Mkhwebane and Public Protector South Africa (PPSA) chief investigator Sydney Mataboge had a top-secret clearance, it did not mean they could have access to all classified documents, according to Democratic Alliance (DA) MP Kevin Mileham.
This, as the status of the 2014 Inspector-General for Intelligence (IGI) classified report, on the role of State Security Agency operatives at the SA Revenue Service (Sars), had a sequel in the parliamentary Section 194 inquiry into the fitness of Mkhwebane to hold office.
With some MPs serving on the committee keen to understand how Mkhwebane and Mataboge became privy to the IGI report, Mileham maintained: “If a person has a top-secret clearance, that does not authorise you to gain access to view a top-secret document.”
Responded Mataboge: “I and PP have a top-secret clearance, which made it possible to view the IGI report.” When another DA MP, Mimmy Gondwe, continued to quiz Mataboge on the status of the IGI report, he said it was available in the public domain.
But Mataboge said he did not meant it was no longer classified. “Being in the public domain does not mean the IGI report loses its classification,” said Mataboge, conceding that he was under the impression that being in possession of the report was “lawful”.
Watch Live in the video below:
Video Courtesy of Parliament.