By Lehlohonolo Lehana.
Suspended Public Protector Busisiwe Mkhwebane’s fitness to hold office is currently being investigated by Parliament’s Section 194 committee.
After failed efforts by Mkhwebane to force the recusals of Qubudile Dyantyi and Kevin Mileham, testimony about Paul Ngobeni, Kim Heller and Sipho Seepe’s services was finally led on Tuesday.
Evidence leader Nazreen Bawa continued leading the evidence of the inquiry’s last witness, Public Protector legal services manager Neels van der Merwe. Inquiry chairperson Qubudile Dyantyi said he has received an email from Mkhwebane, who was demanding reasons for his decision to carry on with evidence without her entire legal team being present.
Dyantyi told Mkhwebane that it was in her “best interests” to be here and pointed out that she – as the head of a chapter nine institution – is accountable to Parliament. She will not be excused, he said.
Dyantyi said he has asked Mkhwebane to refrain “from using the GBV example” and comparing herself to a victim of GBV.
Bawa led evidence about which law firms and advocates received work from the PPSA. Seanego Attorneys received the largest amount of work – with advocate Dali Mpofu receiving R12,267 million in briefs.
This appears to be the largest amount of fees.
Among the payments listed: Advocate Tshabalala is listed as receiving R9,12 million, Advocate Muzi Sikhakhane received R4,7 million, Advocate Vuyani Ngalwana SC R4,7 million and Advocate Thabani Masuku R4,5 million.
Van der Merwe’s testimony painted a stark picture of the impact of the Public Protector’s imploding legal bill, much of which was spent on defending indefensible reports.
“Whilst it may well be that a lack of funds could also have meant that reports that should be defended were not being defended, resulting not only in a waste of the resources put into compiling such report, but it also means that the complainant who lodged the complaint with the PPSA would, despite his/her complaint, be left without any recourse or remedy or implementable outcome,” he said.
Van der Merwe also continued his testimony about the invoices sent to Mkhwebane’s lawyers – Seanego Attorneys – by former ministerial advisor Paul Ngobeni, and political analysts, Kim Heller and Professor Sipho Seepe.
The Public Protector’s office was also invoiced for “strategic communication” services by Heller and Seepe through Wekunene Business Services.
The evidence led by Bawa revealed that Heller and Seepe’s work – which entailed a social media campaign for Mkhwebane – made up of 65 hours at R1 850 per hour that included:
- Four hours of “research and reading”
- 24 hours “preparing articles”
- 15 hours of “interview set-up, preparation and marketing”
- Seven hours “social media activation”
- Seven hours for “advisory and briefing notes for office and with key influencers”
- Eight hours for “correspondence, reports and meetings”
Van der Merwe told the committee that Heller, Seepe, Ngobeni and Wekunene Business Services were not listed in the Public Protector’s database of consultants, despite the invoices.
The PPSA also spent R4,2 million defending Mkhwebane’s invalidated report on President Cyril Ramaphosa’s CR17 campaign in addition to the R3,365 million defending her invalidated report on the Estina Dairy Farm and a staggering R15,9 million litigating against Minister Pravin Gordhan.
Bawa pointed out that these opinions were obtained at a time when the Public Protector office was under severe financial constraints. Van der Merwe agreed.
During his testimony, Van der Merwe was quizzed about Mkhwebane’s email – dated 15 June 2019 – in which she alleged there were threats to her life, and that one of her bodyguards was poisoned.
“There is proof of threats to arrest for money laundering, threats to poison me and actually my protector has been poisoned (we have proof from the doctors). My car tampered with. Witnesses who fear for their lives confirmed two people who died mysteriously when they spoke about the rogue unit,” the email reads.
But Van der Merwe told the committee that police found no poison in the protector’s body.
“It [was] related to an issue of overindulgence in some food, Kentucky [Fried Chicken] or something like that. [It was] not related to an incident of actual poisoning or threat. That was the police’s report on the matter… they interviewed the protector and that was his explanation,” he said.
The committee will break, and resume again on 28 November to 9 December for Mkhwebane’s witnesses.
Unless those witnesses are not done, the committee will reconvene on 23 January for closing arguments.
The committee expects to adopt a draft report on 17 February for Mkhwebane to consider, for which she will have 20 days. 29 March 2023 is the day the committee plans to adopt its report.
Livestream Video Below:
Video Courtesy of Parliament.