Africa-Press – South-Africa. The Office of the Public Protector made adverse findings against politicians in its Estina/Vrede dairy farm investigation, but these were removed from the Public Protector’s report, a former investigator at the watchdog has testified.
SARB, Vrede dairy farm bombshells dropped at Mkhwebane’s impeachment hearing
Tebogo Kekana’s cross-examination by suspended Public Protector Busisiwe Mkhwebane’s counsel, advocate Dali Mpofu SC, continued on Tuesday at the Section 194 Committee’s hearings on Mkhwebane’s fitness to hold office.
On Monday, Kekana told the committee his supervisor, a Mr Ndou, said Mkhwebane instructed them not to make use of the information contained in the GuptaLeaks – a massive tranche of leaked emails that detailed the Guptas’ dealings.
Mkhwebane also instructed them – through his supervisor – there should be no findings against politicians in the report.
Kekana’s affidavit, deposed in 2019, read:
Several MPs questioned Kekana about this on Tuesday afternoon.
DA MP Mimmy Gondwe asked if they made adverse findings against politicians.
“Do you recall what those findings were and do [you] recall who those politicians were?” she asked.
Kekana answered:
He said he could not remember what those findings related to specifically, but he remembered it related to political office bearers knowing about “the irregularities happening in the project”.
Kekana added they only got the instructions not to use the GuptaLeaks from Mr Ndou.
“Those instructions never came personally from the PP (Public Protector).”
He said the draft reports came from the Free State regional office.
Kekana said:
ANC MP Grace Tseke asked whether Mkhwebane tried to protect the public, namely, the beneficiaries of the Vrede project.
Kekana said no, the report “never spoke” about the proposed beneficiaries of the Vrede dairy project: Poor black dairy farmers who were promised the scheme would empower them.
Tseke then asked if Mkhwebane tried to protect politicians.
Kekana said he did not want to express a view.
ATM leader Vuyolwethu Zungula asked whether he could back up his claims that they were forced to remove the names of politicians.
Kekana said he could not back it up with evidence, but he recalled seeing adverse findings in previous drafts.
“I’m referring to unsigned drafts that were made by our Free State provincial office,” he added. “I don’t have that evidence at my disposal.”
Zungula said there was an email wherein Mkhwebane instructed the Public Protector’s CEO to take action on the GuptaLeaks.
Kekana said he was unaware of the email.
Committee chairperson Qubudile Dyantyi asked Zungula to share the email with the committee.
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ANC deputy chief whip Doris Dlakude asked if Kekana thought the evidence in the GuptaLeaks would assist the Vrede dairy farm investigation.
He said whether the GuptaLeaks would have been useful would depend on what they found in it, adding the media reported on the Vrede dairy project from the GuptaLeaks.
“It was a lead we wanted to follow.”
Kekana believed it would have aided their investigation.
During his cross-examination, Mpofu said Mkhwebane would deny she gave an instruction to avoid the GuptaLeaks, adding she only expressed concern about the authenticity of the information.
He added she would deny she gave instructions to remove adverse findings against politicians from the report.
Mpofu questioned Kekana’s honesty, saying he was not a whistleblower but a “whistle inhaler”, as he deposed his affidavit which he intended to be a protected disclosure after disciplinary proceedings against him were instituted.
Kekana said he did not agree with the disciplinary proceedings, which saw him fired, and that was why he was challenging it in the Labour Court.
Meanwhile, Mpofu complained it was unfair and unreasonable of the committee to expect Mkhwebane to answer questions after every witness.
She will testify later.
Dyantyi did not allow questions from MPs to Mkhwebane, as the meeting was already almost an hour-and-a-half past its scheduled adjournment time of 17:00.
The committee will discuss Mpofu’s complaint, along with five other “fundamental issues” he raised with the committee in a letter on Wednesday when it meets to assess its work thus far.
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The hearing takes a break until next Wednesday to allow Mkhwebane and her team to prepare for her court proceedings against the process, which will be heard on Monday and Tuesday.
Mpofu warned another day could be added to court proceedings.
Evidence leader, advocate Nazreen Bawa SC, said she was concerned the hearings would not finish on its scheduled date in early August.
She also indicated some of the people Kekana mentioned would be called to testify.
In the final report of the State Capture Commission, which was released last month, Chief Justice Raymond Zondo recommended that former Free State premier Ace Magashule, “Gupta minister” Mosebenzi Zwane, and Tony Gupta be investigated over the Vrede dairy farm project.
Zondo condemned it as a “complete disaster”.
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