Public Protector advocate Busisiwe Mkhwebane said she will not be opposing President Cyril Ramaphosa’s application for an urgent interim interdict on her Bosasa report due to be heard on Monday.
Mkhwebane’s decision follows a letter from national director of public prosecutions (NDPP) Shamila Batohi to Mkhwebane asking whether there had been a “misunderstanding” about the “independent mandates about their respective offices.
In the extremely polite letter from Batohi, dated August 5, the NDPP said if the intention of the remedial action was to notify her of the Public Protector’s “opinion that facts uncovered in her investigation disclosed the commission of a crime”, this was “appreciated, welcomed and noted.”
“Your report is being considered for the purpose of determining the way forward regarding an investigation, also given the establishment of the Investigative Directorate in the NPA,” Batohi said.
However the NPA’s head of communications, said Batohi was yet to receive a response to the letter.
In her Bosasa report, Mkhwebane found that Ramaphosa had deliberately misled Parliament when he answered a parliamentary question about a donation from Gavin Watson to the CR17 presidential campaign.
The public protector also found that the president had breached the Executive Code of Ethics when he failed to disclose to Parliament the donations made to the CR17 campaign.