Pretoria - Suspended Public Protector Busisiwe Mkhwebane’s impartiality has been brought into the spotlight after a former minister energy Mosebenzi Zwane attended her 50th birthday party while he was being investigated.
Two witnesses have already accused Mkhwebane of protecting Zwane who was an MEC of Agriculture at the time and former Free State premier Ace Magashule in the Estina Dairy Farm scandal.
The Estina project received millions from the Department of Agriculture, Forestry and Fisheries, the funds were meant to create employment in the community of Vrede, however, most of the funds were looted, some of the funds reportedly sponsored the luxurious Gupta wedding in Sun City in 2013.
On Thursday, the head of the Public Protector’s Free State Office, Sphelo Samuel, told the Parliament’s Section 194 Committee that it was questionable to have Zwane attending Mkhwebane’s birthday while she was still investigating him.
He said Mkhwebane demonstrated incompetence and inability to understand her role by socialising with Zwane.
He added that if someone comes uninvited and it creates a conflict with his work, he’ll ask that they are removed.
“I don’t want to be in their company,” said Samuel.
Advocate Dali Mpofu who represents Mkhwebane in the inquiry into the fitness of her to hold office, put it to Samuel that Zwane came as a partner of someone who was invited.
"If she invited him, it would have been worse," said Samuel.
He reiterated that Zwane’s presence was objectionable.
“You undermine and underestimate Public Protector Mkhwebane,“ Mpofu said to Samuel.
Samuel said he does think she is not intellectually fit for the role.
“I certainly think I can handle some things better than she does,’’ added Samuel.
“So you think you’re more intellectually gifted than her?” asked Mpofu.
“Yes, I think so,“ replied Samuel.
Samuel added that Mkhwebane never practised law and that is the main difference between him and her.
He continued to cast aspersions on Mkhwebane’s capability of managing her role as the Public Protector.
He said Mkhwebane struggled to lead what he described as “think tank” meetings and the discussions that took place.
According to Samuel, Mkhwebane scrapped the meetings immediately after presiding over a few of the sessions and to them, it was clear that she was overwhelmed by the legal arguments presented during the meetings.
After scrapping think tank meetings, Mkhwebane is said to have compiled reports on her own which led to disastrous consequences.
Mpofu will continue to cross-examine Samuel on Thursday.
IOL