Ex-manager was not intimidated when Mkhwebane summoned him back to the office

Suspended Public Protector Busisiwe Mkhwebane at the parliamentary inquiry into her fitness to hold office. Picture: Armand Hough/African News Agency(ANA)

Suspended Public Protector Busisiwe Mkhwebane at the parliamentary inquiry into her fitness to hold office. Picture: Armand Hough/African News Agency(ANA)

Published Aug 23, 2022

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Cape Town - Former executive manager in the Public Protector’s office for provincial investigations and integration, Reginald Ndou, said on Tuesday he was not intimidated when incumbent Busisiwe Mkhwebane summoned him back to the office during the finalisation of the Vrede Dairy investigation.

“If I felt intimidated, I would have returned to the office. The reason I did not return immediately is because I thought I would explain it on my return to the office,” Ndou said.

Ndou had applied for leave to attend a job interview, which was approved, and could not attend a meeting where the final report was finalised.

That had prompted Mkhwebane to send him a text message ordering him back to work.

Asked by one of the MPs if his conduct could be considered insubordination, Ndou said he had to balance contrasting interests.

“I had to balance how I am perceived, especially from the outside organisation that invited me for an interview, and the fact that when the Public Protector sent for me, I had already applied for leave.

“Those were two contrasting interests I had to balance. When I went back to the office, I expected recrimination,” he said.

Ndou was at pains to classify the leadership of Mkhwebane, saying he did not think he could describe leadership styles of any Public Protectors he previously worked under.

“People have different attributes. I am not sure I can come with an answer that makes sense sitting here,” he said.

Pressed to describe with certainty the leadership and management style of Mkhwebane and her predecessor Thuli Madonsela, Ndou took a long pause.

“For me, one thing about advocate Mkhwebane, during her term I was there, there would be a lot of emphasis on deadlines whereas during Professor Madonsela’s terms, that did not come as much. That is the best I can do in terms of comparing them.”

During his cross-examination by Mkhwebane’s legal counsel, advocate Dali Mpofu, Ndou said he was never victimised, harassed or intimidated at Public Protector South Africa at any stage.

He also said he was not unfairly targeted by Mkhwebane.

Ndou was once placed on suspension and returned to work only for the disciplinary hearing to proceed after he resigned.

“When I resigned I was unaware the matter would proceed,” he said.

Ndou confirmed that he did not resign to run away from the matter.

“You never said that the Public Protector was responsible for reviving the matter in order to cast aspersions on your future prospects?” asked Mpofu.

In his response, Ndou said: “My sense is it is the complainant who was pushing the matter.”

He said he was unaware that Mkhwebane asked to be called “madam” and for people to bow down to her.

“Perhaps, when I had left, I heard it for the first time.”

Ndou also said it was usual for office-bearers to be addressed as “PP” from the time of advocate Selby Baqwa.

Asked if employees stood up when Mkhwebane walked into a meeting, Ndou said that was the practice before the incumbent.

“With meetings, it would happen especially with top management,” he said.

On Monday, former COO Basani Baloyi testified that Mkhwebane’s leadership style was authoritarian, that she wanted to be addressed as “Madam” and people had to literally bow in her presence.

“Her style of leadership was characterised by inflexibility, irrationality and a failure or refusal to treat her staff with dignity and respect,” Baloyi said in her affidavit.

Cape Times