By Lehlohonolo Lehana.
Suspended Public Protector Busisiwe Mkhwebane is currently facing a parliamentary inquiry into her fitness to hold office, after an independent panel found there was prima facie evidence of misconduct and incompetence against her.
On Monday, former Public Protector COO Basani Baloyi testified she had been “removed” from involvement in Mkhwebane’s later invalidated investigation into President Cyril Ramaphosa’s CR17 campaign finances – after raising concerns about the probe.
Baloyi, who is currently involved in litigation over her allegedly unfair dismissal, revealed the Office of the Public Protector was trying to settle its case with her.
Reginald Ndou, who didn’t finish his testimony last week because of connectivity issues continued his testimony.
Ndou, said he was not intimidated when incumbent Mkhwebane summoned him back to the office during the finalisation of the Vrede Dairy investigation.
“If I felt intimidated, I would not have returned to the office. The reason I did not return immediately is because I thought I would explain it on my return to the office,” Ndou said.
Ndou had applied for leave to attend a job interview, which was approved, and could not attend a meeting where the final report was finalised.
That had prompted Mkhwebane to send him a text message ordering him back to work.
Asked by one of the MPs if his conduct could be considered insubordination, Ndou said he had to balance contrasting interests.
“I had to balance how I am perceived, especially from the outside organisation that invited me for an interview, and the fact that when the Public Protector sent for me, I had already applied for leave.
“Those were two contrasting interests I had to balance. When I went back to the office, I expected recrimination,” he said.
Ndou was at pains to classify the leadership of Mkhwebane, saying he did not think he could describe leadership styles of any Public Protectors he previously worked under.
“People have different attributes. I am not sure I can come with an answer that makes sense sitting here,” he said.
Pressed to describe with certainty the leadership and management style of Mkhwebane and her predecessor Thuli Madonsela, Ndou took a long pause.
“For me, one thing about advocate Mkhwebane, during her term I was there, there would be a lot of emphasis on deadlines whereas during Professor Madonsela’s terms, that did not come as much. That is the best I can do in terms of comparing them.”
During his cross-examination by Mkhwebane’s legal counsel, advocate Dali Mpofu, Ndou said he was never victimised, harassed or intimidated at Public Protector South Africa at any stage.
He also said he was not unfairly targeted by Mkhwebane.
Ndou was once placed on suspension and returned to work only for the disciplinary hearing to proceed after he resigned.
Livestream Video Below:
Video Courtesy of Parliament.