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What evidence leaders, committee want to know from Mkhwebane in their written questions

Suspended Public Protector Busisiwe Mkhwebane. Picture: Phando Jikelo/African News Agency (ANA)

Suspended Public Protector Busisiwe Mkhwebane. Picture: Phando Jikelo/African News Agency (ANA)

Published Jun 28, 2023


Cape Town - Suspended Public Protector Busisiwe Mkhwebane has just over a week to answer myriad written questions based on Part A and Part B of her statement to Parliament’s Section 194 inquiry into her fitness to hold office.

Committee chairperson Qubudile Dyantyi ruled that since Mkhwebane had not made herself available for oral questioning by committee members and evidence leaders, the questions and expected answers would have to be written.

Dyantyi said the secretariat and evidence leaders would be available to assist Mkhwebane and her team to locate any record she may require to respond.

Among the more than 600 questions from the committee’s evidence leaders, including some which required her to simply agree or disagree as well as some more direct questions, are questions on a list of investigative reports reviewed and set aside during her term of office and pending reviews both opposed and unopposed.

The direct questions from the evidence leaders include one about the CR17/Bosasa investigation and report.

The report and investigation by the Office of the Public Protector (PPSA) refers to President Cyril Ramaphosa as the then deputy president of the ANC’s 2017 donor funding campaign in his quest to become president of the party.

Among the “agree or disagree” questions is one that asks: “Evidence obtained in contravention of the Regulation of Interception of Communication Act (Rica) and Provision of Communication Related Information Act, 2002, is unlawfully obtained evidence.”

This question refers to Mkhwebane’s evidence about the so-called Sars rogue unit, also known as the Sars investigative unit.

The MPs are also interested in the alleged Sars rogue unit, with Doris Dlakude ANC asking: “Part of your finding in the report relied on the Office of the Inspector-General of Intelligence (OIGI) report.

“You further made remedial action to the effect that the NPA must implement the OIGI report. Did you confirm the authenticity and/or veracity of the contents of this report before making your findings?”

GOOD MP Brett Herron has asked a question on the issue of Mkhwebane’s controversial proposals to amend the role of the South African Reserve Bank.

DA MP Kevin Mileham wanted to know whether Mkhwebane had at any point since taking office as the public protector taken instruction, suggestions or advice from the State Security Agency or any of its operatives, officials, personnel or the State Security Minister?

He asked: “If so, what was the nature of such instruction, suggestions or advice?”

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