Witness at suspended Mkhwebane enquiry complains about sharing of WhatsApp text message

The public protector’s chief investigator, Rodney Mataboge said he was unhappy with the way the message was shared as it infringed on his rights.Picture: Screenshot

The public protector’s chief investigator, Rodney Mataboge said he was unhappy with the way the message was shared as it infringed on his rights.Picture: Screenshot

Published Feb 24, 2023

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Cape Town - The public protector’s chief investigator, Rodney Mataboge, yesterday protested against the public sharing of a text message he received in connection with his evidence at Parliament’s inquiry into suspended public protector Busisiwe Mkhwebane’s fitness to hold office.

Following an in-camera session at which Mataboge shared the message with the committee on Wednesday, committee chairperson Qubudile Dyantyi asked for the message to be shared for the public to see.

On Thursday, before he began his evidence, Mataboge said he was unhappy with the way the message was shared as it infringed on his rights.

Mataboge was subpoenaed by the committee to appear after he indicated that he was unwilling to testify before the committee.

He wanted it put on record that he did not have an opportunity to consult with his lawyers about whether he could be compelled to give testimony.

Meanwhile, Mkhwebane’s senior counsel Dali Mpofu lodged a complaint with the committee. He said his client was not invited to the committee’s in-camera session where she might have had a contribution to make.

File photo of advocate Busisiwe Mkhwebane with senior counsel Dali Mpofu. Picture: Oupa Mokoena/African News Agency(ANA)

In his ruling on the matter Dyantyi reminded Mpofu that he opened the floor to remarks or questions about his summary of the in-camera briefing but did not get a response. Dyantyi said they invited Mataboge as he was the affected party in that instance.

On the issue Mataboge raised, Dyantyi said they noted his dissatisfaction, but they shared the message in the spirit of transparency and openness.

The committee’s senior counsel, Nazreen Bawa led Mataboge in his evidence on an investigation he carried out into an alleged breach of the ethics code by Public Enterprises Minister Pravin Gordhan in respect of the “Sars rogue unit”.

Bawa read from an email letter written by Mkhwebane in which she said: “Pravin Gordhan is a threat to democracy and must be stopped before he causes more harm under the disguise of cleaning up.”

Asked what he thought that meant, Mataboge said he couldn’t really comment, but such emails to the investigators were just for them to note, and not necessarily to be responded to.

Cape Town - 160824 - File photo of Minister Pravin Gordhan Picture: David Ritchie

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Cape Argus