Durban - Public Protector Busisiwe Mkhwebane and her support staff were scrambling on Wednesday at a Durban hotel after hearing that the high court had ordered her to release the much-anticipated State of Capture report.
Mkhwebane and her deputy, Kevin Malunga, had to temporarily pull out of the African Ombudsman and Mediators Association general assembly held at the Garden Court Marine Parade Hotel.
They left their counterparts from across the continent to discuss the Gauteng High Court, Pretoria, ruling that before 5pm on Wednday she should release the report compiled by her predecessor, Thuli Madonsela.
The report followed an investigation by Madonsela into allegations that the Gupta family had “captured” the state and influenced the appointment of cabinet ministers.
Malunga became agitated when confronted by journalists as he sat down to have lunch at the hotel. He was initially reluctant to talk, but as questions were fired at him he opened up.
“We (he and Mkhwebane) are going to be speaking about it right now, she is downstairs, and we are going to take it further,” he said.
He said the judgment would not be discussed with fellow African public protectors, “because this is a private matter”.
“We are committed to this conference, but for now we will be discussing the development on the side,” he said.
As he was trying to fend off journalists in front of him, his cellphone rang and he said “it is another media house”.
He said the office of the Public Protector had to comply with the court order.
“Look, that is the nature of South Africa’s democracy. Courts are the final arbiters of disputes, so courts have a final say on these issues,” he said.
As soon as Mkhwebane appeared journalists confronted her.
She immediately called her spokesman Oupa Segalwe to answer their questions before she disappeared. Segalwe said members of staff in Pretoria were busy uploading the long-awaited document.
“We are just finalising the logistics of having it put up on our website.
“Copies are also sent to all the affected parties. As well, there are other ways of releasing it through e-mails to the public.
“The order said release the report - we can’t release half a version of it.
“We are releasing the entire report as it is,” he said.
“Since this morning when we heard that the president had withdrawn the interdict, we have said we had no problem releasing the report.”
The Mercury