Tshwarelo Hunter Mogakane
Public Protector (PP) Busisiwe Mkhwebane was suspended with immediate effect after warning President Cyril Ramaphosa that according to law she only had three weeks to determine whether he had breached the Executive Members’ Ethics Act (EMEA) and lied to Parliament or not.
Ramaphosa issued Mkhwebane with a suspension letter on June 9, when Mkhwebane had already instituted an investigation into his alleged concealment of a theft, stashing away of money possibly not declared to the SA Revenue Service or the Reserve Bank and allegedly paying off thieves not tell anyone about the incident.
This investigation was expected to be concluded by July 3.
In a letter informing the president that she was tasked with investigating his Phala Phala farm scandal and whether it had violated any applicable laws relating to Cabinet members, Mkhwebane shared a deadline with Ramaphosa, stating that the law required that her investigation be concluded within 30 days after she had received a complaint.
“On June 3 2022, the public protector received a complaint from the Member of Parliament, Honourable Vuyo Zungula, the president of African Transformation Movement, in connection with allegations that you have violated the Executive Ethics Code in that on February 9 2020 there was theft of millions of US dollars stashed within your premises at Phala Phala farm in Waterberg, Limpopo.
“Mr Zungula alleges that criminals colluded with your domestic worker and that you concealed this crime from the South African Police Service and/or South African Revenue Service and thereafter paid the culprits for their silence. It is important to note that the PP is ostensibly required in terms of section 3(2) of EMEA to submit a report on the alleged breach of the code of ethics within 30 days of receipt of the complaint,” Mkhwebane told Ramaphosa.
She requested him to answer a list of questions relating to the farmgate scandal, which the president did not respond to. Instead, he controversially suspended the PP, leading political parties to question Ramaphosa’s timing.
During a media briefing on Friday, Ramaphosa told journalists that Mkhwebane’s suspension would not hinder the investigation. He had however failed to respond to MPs who asked him why he was quick to suspend the PP who was facing investigation when he as “the process man” was refusing to step aside to allow investigations against him to flow smoothly.
He said only stepping aside would signal guilt on his part, emphasising that he would continue with his duties while processes unfold both in the ANC’s Integrity Commission and law enforcement organs.
During his court appearance on Friday, suspended ANC secretary-general Ace Magashule told journalists that the PP’s suspension was questionable.
“Why do you suspend somebody when there is still an ongoing court case? Why do you disrespect the law?” he asked.
Magashule indicated that it was time for Ramaphosa to step aside, like everybody else facing investigation.
“Why did Zweli Mkhize step aside? Zweli Mkhize was forced to step aside. He did not just resign voluntarily. What is the difference between Zweli Mkhize and the president? There are nine points to the step aside resolution of the ANC. (These include) when you are charged, when you are accused of, when you are reported to have been, when there are serious allegations, etc. There are three mayors in the Free State who are charged but are still mayors because they are (aligned) to CR,” said Magashule.
Presidency spokesperson Vincent Magwenya said Mkhwebane's investigation into Ramaphosa would continue unhindered.
"The president suspended the PP based on legislation relating to the National Assembly having started a process involving Mkhwebane. When you look at the statement we issued, it clearly states that when a public protector is unable to perform her duties for one reason or another, the deputy takes over. That means whatever investigation Mkhwebane had already initiated will be continued by the deputy in line with all applicable laws,” said Magwenya.
Pretoria News