Cape Town - Public Protector Busisiwe Mkhwebane ignored a warning that the last minute changes she effected in the Vrede dairy farm report could open it up to judicial review and criticism from commentators.
Instead, Mkhwebane’s reaction was that “anginandaba” – which loosely means she “did not care”.
This was according to former senior investigator advocate Nditsheni Raedani when he testified before the inquiry into the fitness of Mkhwebane to hold office.
Raedani told the inquiry that on the eve of the release of the report on February 8, 2018, Mkhwebane dictated some of the changes to him and another investigator Tebogo Kekana, and even took the laptop and typed herself.
“I told the public protector this is not going to look good.
“A lot of commentators and legal experts will criticise us in the morning.
“She just said to me ‘anginandaba’,” he said.
Raedani also said the incident of the CIEX investigation, which attracted backlash, was still fresh in their minds when he signalled the warning to avoid the repeat of the similar incident.
“After I analysed everything that happened to the report and what was being issued, I had a view that whatever happened after the Absa investigation will happen tomorrow,” he said, adding that he even warned the former spokesperson Cleo Mosana not to come to work after the report was released.
“The last time she cried when she was interviewed by Eusebius McKaiser on (Radio) 702 about the Absa investigation.
“I offered her the advise to rather stay at home because this will be a disaster tomorrow,” Raedani said.
Raedani told the inquiry that he was roped into a task team by executive manager a Mr Ndou to assist complete the Vrede Dairy investigation on a directive of Mkhwebane.
He said he was aware of instructions from Mkhwebane that they should not use the Guptaleaks in the Vrede Dairy investigation through interaction with Ndou.
Raedani said a draft report he was given to work on had left out a finding from an earlier draft that the Free State Agriculture Department head was guilty of financial misconduct.
“I don’t really know what happened and who instructed that particular paragraph to be omitted.”
Recounting a meeting where the quality assurance team was told that Mkhwebane wanted to sign on the Vrede Dairy report shortly, Raedani said they had raised concern that there were still outstanding matters.
“The public protector indicated displeasure when it comes to readiness of the report. She instructed us to go and implement certain changes in the report.”
During cross-examination, advocate Dali Mpofu said he picked some kind of contradiction in Raedani’s evidence and put certainty on matters he had knowledge via secondary information.
Mpofu put it to him that Mkhwebane never spoke to him about Guptaleaks, something he conceded to.
Raedani also agreed that Mkhwebane agreed with findings of the accountant-general on the financial misconduct findings.
“She accepted the report of the accountant-general,” he said, adding that the final report made references to the flouting of the Public Finance Management Act.
Raedani also conceded that changes in the draft reports were made due to internal contributions from colleagues, among others.
“The issue I want to put to you is that the version of public protector is that that is all what happened here.
“There was a series of information that was added or removed only as a result of internal debate, responses that were received from Section 7.9 notices, and other agencies investigating a particular issue,” Mpofu said.
However, Raedani said Mkhwebane was entitled to canvas that version.
“Ultimately, the changes which have implications were changed after the meeting with the public protector on February 8, 2018,” he said.
Cape Times