Cape Town - Public Protector Busisiwe Mkhwebane on Thursday defended her investigation of the funding of President Cyril Ramaphosa’s election campaign for ANC president in 2017.
She told the impeachment inquiry into her fitness to hold office that she was not targeting Ramaphosa, but following a standard methodology on investigations carried out by the Public Protector South Africa.
In her testimony led by her legal counsel advocate Dali Mpofu, Mkhwebane explained the methodology, which entailed establishing what had happened, what should have happened and whether there was any discrepancy, among other things.
She testified that a court judgment made it clear that it was the public protector’s duty to actively search for the truth and not wait for parties to provide all the evidence, as judicial officers did.
Asked by Mpofu how the investigation of CR17 came about, Mkhwebane said it emanated from complaints lodged by former DA leader Mmusi Maimane and EFF deputy leader Floyd Shivambu in 2018 and 2019, respectively.
This was after Maimane asked Ramaphosa a parliamentary question when he was still the deputy president about the R500 000 payment made to his son, Andile, by Bosasa.
Ramaphosa had later changed his answer and indicated that it was for the CR17 campaign.
In his initial response, Ramaphosa said the money was for lawful payment of services rendered by his son’s consultancy firm.
Mkhwebane said Maimane had in his complaint alluded that he was concerned that there was possibly an improper relationship between Ramaphosa and his family and Bosasa.
“The issue for determination was whether the payment of the set amount as a donation to the campaign was proper and whether it did not amount to money laundering due to the money having had to pass through several intermediaries before reaching its intended beneficiary.”
Shivambu was concerned that Ramaphosa may have misled the National Assembly in his reply and asked that the true facts be established.
Mkhwebane said she had received evidence that there were monies transferred to the Cyril Ramaphosa Foundation, that Bosasa’s Gavin Watson was present at fund-raising dinners hosted by Ramaphosa and that his legal adviser, Donne Leigh Nicole, sent him an email on the raising of funds and events.
The investigation also revealed that several accounts were used to mobilise funds for the CR17 campaign and that some of the beneficiaries were senior ANC members and officials.
According to Mkhwebane, she did not accept Ramaphosa’s version that he did not know anything about CR17, except that its managers would run the process for him, because emails proved that he was involved or was aware of the donors and the funders.
She said the CR17 investigation was handled with an open mind and that it used relevant emails, affidavits, interviews and bank statements.
“It should be clear that we were following the R500 000.
Unfortunately when we analysed the evidence, we uncovered something like this.”
When Mpofu wanted to lead evidence on a newspaper article that reported on the CR17 monies that were reportedly paid to an individual, evidence leader Nazreen Bawa raised, among other issues, that the court had found findings about the ambit of her investigation.
Bawa said the article was not the basis of the misconduct and competence charges Mkhwebane faced.
Some of the charges the public protector faces include incorrect findings on money laundering regarding the CR17 campaign.
In her response, Mkhwebane said she would ask Mpofu to read the charges so that the public could know the truth.
“This is for me a matter of life and death because this is about me. I am the one sitting on the stand,” she said.
“I am being accused of gross negligence. I am accused of targeting people. I am accused of misconduct,” Mkhwebane said.
She also said she disagreed with the finding of the court and that she probed Ramaphosa for receiving a benefit as an MP.
“I am trying to prove here that I am prosecuted. The untouchable donated and are protected,” Mkhwebane said.
Cape Times