Africa-Press – South-Africa. Allegations that Public Protector Busisiwe Mkhwebane shielded former Free State premier Ace Magashule and the province’s former agriculture MEC, Mosebenzi Zwane, are “completely baseless”, her counsel, advocate Dali Mpofu SC, argued.
The National Assembly’s Section 194 Committee continued its hearings into Mkhwebane’s fitness to hold office on Monday.
On Friday morning, Mpofu was dismayed when committee chairperson Qubudile Dyantyi did not allow him to continue his cross-examination of recently reinstated Free State Office of the Public Protector head Sphelo Samuel.
Mpofu cross-examined him for the whole of Thursday, and on Friday morning, it was the turn of MPs to question him. The first witness, constitutional expert Hassen Ebrahim, continued his cross-examination on Friday afternoon.
Section 194 Committee hears how Mkhwebane shielded Ace, Zwane during Vrede dairy farm probe
On Monday morning, Dyantyi said Mpofu would now be allowed to conclude his cross-examination of Samuel.
This drew points of order from the ATM’s Vuyo Zungula and the EFF’s Omphile Maotwe and Julius Malema, who on Friday insisted Mpofu should be allowed to continue his cross-examination.
After about 40 minutes of bickering, which saw Zungula removed from the virtual platform, Mpofu continued.
In his testimony, Samuel said Mkhwebane gave him instructions not to include findings against Magashule and Zwane in the investigation into the Vrede dairy farm.
According to him, this instruction took place during a site visit to the farm in question.
According to Mpofu, Mkhwebane had no recollection Samuel was at the site visit. He said they would prove this, but the Office of the Public Protector was obstructing them from obtaining the necessary documentation.
Damning testimony against Mkhwebane on Vrede report not questioned at inquiry
Mkhwebane would “refute with the contempt it deserves” Samuel was present at the Vrede site inspection, Mpofu said.
Samuel insisted he was there and the private conversation with Mkhwebane took place.
Mpofu said it was improbable such a conversation even would have taken place if he had been there.
Samuel stuck to his guns.
Mpofu argued Section 7(9) letters – letters informing people they are implicated in an investigation and allowing them to respond – were only sent to Magashule and Zwane after Mkhwebane became Public Protector in October 2016, indicating she did not shield them.
The hearing continued into Monday afternoon.
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