Affidavits before different courts reveal inconsistencies that could add to the public protector’s difficulties with an inquiry by MPs
Public protector Busisiwe Mkhwebane, who is facing a potential inquiry into her fitness to hold office, has repeatedly said she is a truly independent watchdog who does not deserve the multiple findings of perceived bias against her.
In the Ramaphosa matter, Mkhwebane seeks to justify an investigation into private campaign funding that the Pretoria high court has found should not have been conducted in the first place. In the Estina case she tries to justify failing to properly investigate the alleged looting of state funds intended to benefit poor and vulnerable black farmers — the people, according to Pretoria high court judge Ronel Tolmay, that Mkhwebane’s office was meant to protect.
Mkhwebane said that “resource constraints” prevented her from conducting a full-throttled investigation into the Estina scam — which would have included the subpoenaing and analysis of phone records and bank statements of important officials, including Zwane and Magashule.
In that investigation, Mkhwebane ordered the National Prosecuting Authority to investigate what she described as the “prima facie” evidence of money laundering she had uncovered and report back to her — a directive that the Pretoria high court found was unlawful.
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