By Lehlohonolo Lehana.
A witness in the Parliamentary inquiry into the fitness of suspended Public Protector Advocate Busisiwe Mkhwebane to hold office has testified that the SARS intelligence unit investigation overlooked various things.
Mkhwebane faces charges of misconduct and incompetence. Amongst others, the charges stem from the suspended public protector’s discredited SARS investigation.
Bianca Mvuyana has been an investigator in the office of the Public Protector since 2013. She has worked on various high-profile probes including the SARS intelligence unit investigation, but would not be drawn on who was responsible for the lapses in that probe.
Evidence leader Nazreen Bawa argued that PPSA relied on unverified submissions and recordings from whistle-blowers, on the SA Revenue Service (Sars) “rogue unit”, without authenticity being established.
Bawa read the court verdict: “The reasoning adopted by the public protector in coming to these findings, in light of the evidence available to her at the time of the report, is illogical and clearly fallacious. “Mvuyana conceded:
-Mkhwebane was part of the investigating team and was regularly fully-briefed on the Sars probe.
– The PPSA investigating team did not check via an affidavit the authenticity of submissions by a whistle-blower who listed the equipment the Sars unit allegedly procured.
Witness accounts were taken at face value. The investigative diary failed to include a meeting between PPSA investigators and other witnesses, like Economic Freedom Fighters deputy president Floyd Shivambu, who provided information on the Sars unit.
Amid unhappiness by Mkhwebane’s defence advocate Dali Mpofu, who questioned Bawa’s line of questioning, Bawa continued to tear into Mvuyana’s evidence – keen to establish why she was out to defend Mkhwebane.
Said Mvuyana: “It must be clear from my own ethic that there was no malfeasance or bias. “If the PP is said to have ignored real evidence, then it is my fault, because I compiled the report.
Those who alluded to ignoring evidence, included PPSA staff who testified before me, Van Loggerenberg and others.”
While being part of drafting the report on Sars, Mvuyana said she did not have access to the Inspector General of Intelligence (IGI) report because she did not have a top secret clearance certificate.
Challenged on why the classified IGI, Luther Lebelo and Nugent reports did not form part of the PPSA rule 53 record, Mvuyana said: “I would not know about the IGI report because I never saw it.
“The Nugent report was in the public domain and anybody could access it. The affidavit from Luther Lebelo, I don’t know about it.” Said Mpofu: “The only affidavit Lebelo had, was given to the Nugent Commission.”
Bawa: “Were you involved in the compilation of documents in the office of the public protector?” Mvuyana: “Yes, I was. I assisted.” Mpofu: “Chairperson, I object to this line of questioning Bawa:
If a document is meant for compliance with Rule 53, it is not about whether it is in the public domain or not…” Mvuyana: “Noted.” Bawa: “I asked you why the Nugent report on the Rule 53 record was not there and you referred to availability of it in the public domain, which is not a criteria for Rule 53.”
Mvuyana: “Yes, I do know that and you are correct the Nugent report should have been included as part of the Rule 53 record.”
The inquiry is set to hear evidence from former Public Protector Professor Thuli Madonsela on Wednesday.
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Video Courtesy of Parliament.