By Lehlohonolo Lehana.
The ANC has told the embattled Public Protector Busisiwe Mkhwebane that she does not have the jurisdiction to investigate President Cyril Ramaphosa’s leaked comments that state funds were being used to bankroll internal ANC election campaigns.
ANC treasurer-general Paul Mashatile has informed, via letter, Mkhwebane that she does not have jurisdiction to investigate Ramaphosa for allegedly breaching the Executive Code of Ethics, City Press has reported.
The investigation was launched after ANC MP Mervin Dirks wrote to the Standing Committee on Public Accounts (Scopa) requesting the committee to summon Ramaphosa to account for remarks he made in a leaked audio recording.
Ramaphosa is heard in the recording commenting on allegations of public funds being used for ANC campaigns, and that he was “willing to fall on the sword” to protect the governing party.
While Dirks asked Mkhwebane’s office to investigate the matter, the ANC has launched its attempts to protect Ramaphosa.
This is after the public protector had requested the full recording of the discussion that led to the president’s remarks.
Mashatile highlighted that Mkhwebane only had powers to “investigate any conduct in state affairs or in the public administration in any sphere of government that is alleged or suspected to be improper or to result in any impropriety or prejudice” as per Section 182 of the Constitution.
You do not have the necessary jurisdiction to conduct such an inquiry and to request documents and information from a private voluntary association, as you have done in your letter under reply.
“The ANC requires an unambiguous response, as a matter of urgency, which clearly expresses the basis upon which you purport to exercise jurisdiction in this particular matter,” the ANC treasurer said in the letter.
Mashatile also pointed out that Scopa was already conducting its own investigation into the matter.
Scopa has the mandate to probe Ramaphosa’s remarks “if, indeed, public funds of any government department or public entity had been utilised for unauthorised purposes”.
The committee, however, cannot “deal with any alleged ethical breaches of the president” because only the Public Protector can determine whether Ramaphosa broke the law.