By Lehlohonolo Lehana.
The former COO at the Public Protector, Basani Baloyi, testified at the suspended Public Protector Busisiwe Mkhwebane’s hearing in Parliament. Baloyi was dismissed in 2019. She has been fighting for her reinstatement since then.
In various court challenges she brought against Mkhwebane, Baloyi argued that she was forced out because she was unwilling to push Mkhwebane’s agenda.
Baloyi will likely face cross-examination from Mkhwebane’s legal representative, advocate Dali Mpofu.
She stated in court papers that she found the way Mkhwebane handled the CR17 campaign, as well as the so-called “rogue unit” cases, “extremely unusual”.
The CR17 investigation was done after a complaint by former Democratic Alliance (DA) leader Mmusi Maimane about a R500 000 donation by late Bosasa boss Gavin Watson to Cyril Ramaphosa’s ANC presidential campaign in 2017.
In an interview with Watson, during which Mkhwebane was present, Watson admitted that he had also donated money to Nkosazana Dlamini-Zuma’s ANC presidential campaign, Baloyi said. However, when Baloyi tried to convince Mkhwebane to widen the scope of the investigation.
Baloyi was removed from the Bosasa investigation.
In court papers, Baloyi said the CR17 investigation was conducted by external investigators, “who reported directly to the Public Protector”. “This was highly unusual,” she said, adding that it was only acceptable to use external investigators when capacity within the Public Protector’s office was lacking.
“That was not the case here. There was no legitimate reason why the complaints could not have been reviewed through the ordinary process.”
Baloyi says the Chief of Staff told her that the CR17 report would be dealt with by “this Office and the PP will emerge as a powerful woman in the country after dealing with this particular matter”.
She adds: “I started to have doubts as to whether our removal from there were [because] of issues that were genuine or in the interests of the organisation”.
Baloyi was instructed by Mkhwebane via WhatsApp to meet Ramaphosa. Mkwhebane said she would give Baloyi a copy of the CR17 report and after reading it, she must shred it. Baloyi said this was unusual.
Public Protector employees also had to address suspended Mkhwebane as “madam” and bow down to her, as more testimony about a culture of fear during Mkwhebane’s reign was heard by the Section 194 Committee.
“The PP’s leadership style was authoritarian. She must be addressed as ‘madam’. She must be bowed down to, quite literally,” reads Baloyi’s affidavit to the committee. She added that staff also had to stand up when Mkhwebane entered a room.
Baloyi perceived this as an exercise of power and found it most unusual.
“Her style of leadership was characterised by inflexibility, irrationality and a failure or refusal to treat her staff with dignity and respect. She fostered a culture of mistrust and insecurity within the organisation,” continued the affidavit.
“In this regard, I recall a WhatsApp text message which the PP sent to me, warning me not to trust Ms Ponatshego Mogaladi, one of the executives who reported to me. Based on my own experience of Ms Mogaladi, I had no reason not to trust her.”
Baloyi also recalled an instance when her 8-year-old daughter was sick and had to be hospitalised.
“Whilst I was in the hospital with my daughter the PP called me enquiring when some reports would be ready. I sent a message to her informing her that I was in the hospital with my daughter. I told her of the diagnosis and even sent her photographs of her on her hospital bed as proof.
“She replied to me, via WhatsApp text, saying: ‘Will be taking action against CEO for your failure to meet deadline. We need to lead by example and be accountable. If you submitted all these on time such emergency would not portray one as insensitive.’ Because I had to continue working to meet deadlines whilst my daughter was in the hospital, I had to take files with me to the hospital to attend to whilst visiting my daughter.”
According to Baloyi, investigators would cry when they were moved to investigations they had no previous experience with.
Furthermore, Mkhwebane put “relentless” pressure on Baloyi to take disciplinary steps against staff.
Livestream Video Below:
Video Courtesy of Parliament.