Busi no Thuli - yet

20 October 2016 - 08:09 By BIANCA CAPAZORIO
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New Public Protector Busisiwe Mkhwebane has told parliament that she intends doing things differently to her predecessor, Thuli Madonsela.

She has promised to do away with donor funding of her office, employing consultants and using catchy titles for her reports.

The ANC-dominated parliamentary portfolio committee on justice appeared to favour her approach. Its chairman, Mathole Motshekga, said he liked her "refreshing approach".

Mkhwebane told MPs that she shared the distaste of some of them for the term "state capture".

Analysts said this stance could be used by sections of the ANC to discredit Madonsela's state-capture report.

Mkhwebane was making her maiden appearance in parliament for her office's presentation of its 2015-2016 annual report.

Many MPs expressed shock on learning that the public protector's office had received funding from USAid totalling $500000 (R6.5-million), saying it threatened the independence of the office.

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Mkhwebane said donor funding would no longer be welcome.

"It's a thing of the past. Coming from my background, it's no secret that I worked at the State Security Agency. I know the implications of [foreign donor funding]."

Political analyst Ralph Mathekga said Mkhwebane was abandoning some of Madonsela's practices because she was "under enormous pressure" to prove that she was her own woman, with her own way of doing things.

"She can try whatever invention she wants. The issue is that such inventions should not be at the expense of continuing to ensure that the office remains credible in its function. If she comes with better methods of being effective, that should be welcomed," he said.

National Freedom Party MP Sibusiso Mncwabe said: "International donors are not faithful friends of developing countries" and are a threat to "the sovereignty of the country".

This sentiment was shared by several MPs from the ANC.

Mkhwebane urged the portfolio committee to support a budget increase for her office.

Judith February, of the Institute for Security Studies, said the "paranoia" about donor funding was unwarranted and it had never compromised Madonsela's independence.

"It is curious that she would deny a stream of funding from donors. It didn't compromise Madonsela's independence.

"But, of course, it feeds into the initial discomfort about her (Mkhwebane's) appointment [and] that her state security background might mean she has an instinct to some degree of paranoia," February said.

Mkhwebane told MPs she would focus on eliminating the backlog of cases but high-profile cases, such as that dealing with state capture, would remain a priority.

MPs were particularly concerned about the whereabouts of Madonsela's state-capture report and questioned Mkhwebane about when it would be released.

Mkhwebane said the state-capture report was the subject of a court ruling and refused to discuss it.

She said she would file an answering affidavit with the court by tomorrow. After the meeting she said the report would be made public if the court so ordered.

ANC MP Bongani Bongo said the state-capture report had been prepared by a consultant. The annual report of the public protector showed that there had been irregular expenditure of R5.5-million on consultants.

"I want to know who that consultant is. And is that consultant vetted?"

The public protector's office spent R7-million on consultants last year, much of it for litigation costs, IT support and the preparation of financial statements.

Mkhwebane said she understood that one senior investigator in her office had worked on the state-capture report and that auditing firm PricewaterhouseCoopers, and academics, had been retained as consultants.

February said the complaint about the role of consultants in the state-capture report was a "red herring that could be useful if the ANC wants to discredit [the report]".

Mkhwebane warned MPs that her office's audit report was unlikely to be free of disclaimers because initial briefings suggested that consultants were still used and unfunded posts still being filled.

February said Mkhwebane appeared to be undermining Madonsela's legacy.

"The new public protector seemed to cast aspersions on Mandonsela with her comments on the clean audit."

- Additional reporting by Thabo Mokone

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