Mpofu says witness testifying against Mkhwebane motivated by revenge

The public protector’s Free State head, Sphelo Samuel, who was being cross-examined by Mkhwebane’s lawyer Dali Mpofu SC, was accused of lying and providing senseless testimony. Picture: Screengrab

The public protector’s Free State head, Sphelo Samuel, who was being cross-examined by Mkhwebane’s lawyer Dali Mpofu SC, was accused of lying and providing senseless testimony. Picture: Screengrab

Published Aug 1, 2022

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Pretoria – Advocate Dali Mpofu, representing suspended Public Protector Busisiwe Mkhwebane, told the parliamentary committee that Sphelo Samuel was an unrepentant liar and his testimony was motivated by revenge.

Samuel is the public protector’s Free State head, who was giving his testimony during an inquiry into Mkhwebane’s fitness to hold office.

Samuel testified with regard to her investigation into the controversial Gupta-linked Estina Dairy Farm Project in the Free State and the reasons why there was a complaint against her in the matter.

Mpofu described Samuel’s testimony over the last three days as a waste of time and senseless. He said he was another disgruntled employee.

He also added that Samuel’s testimony was motivated by revenge against Mkhwebane after she suspended him for misconduct and for making disparaging remarks about the public protector.

Samuel was later reinstated after he took the matter to the Commission for Conciliation, Mediation and Arbitration (CCMA).

Mpofu also told the inquiry that Samuel was not part of the Estina Dairy Farm Project and his testimony on the matter should be viewed as worthless.

However, during cross-examination by evidence leader advocate Ncumisa Mayosi, she showed a picture which was taken at the Vrede site inspection where Samuel and Mkhwebane were together with another group of people.

Mpofu protested the photo, saying it was not provided to his team.

Evidence leader advocate Nazreen Bawa apologised and said that they only got the picture from Samuel during lunch and should have made it available to Mpofu.

“There was no intent to ambush Mr Mpofu, I had technical difficulties. I apologise about the picture,” Bawa said.

Bawa said they are still waiting for a file from the public protector’s office which would prove that Samuel was part of the Estina investigation. Once available, the file would also be available to Mpofu.

This was not the first witness Mpofu has accused of harbouring a grudge and giving false testimony against Mkhwebane.

The last witness, Tebogo Kekana, a former public protector investigator, testified that Mkhwebane allegedly ordered that findings against politicians should be removed from the Estina report.

Mpofu accused Kekana of lying in his evidence, saying he was still harbouring anger towards Mkhwebane because he was dismissed.

He accused Kekana of gossiping about Mkhwebane to lawyers and said he was the opposite of a whistle-blower.

Both Kekana and Samuel have given damning evidence against Mkhwebane. They have told the inquiry how she allegedly protected politicians in the Estina Dairy Farm Project and made sure no adverse findings were made against those politicians.

The inquiry is expected to continue tomorrow with testimony from the former CEO in the Office of the Public Protector, Vussy Mahlangu.

On Friday, the former deputy commissioner of the South African Revenue Service, Ivan Pillay, will also give his testimony.

IOL