'Section 194 designed to deny me access to office benefits,' says Busisiwe Mkhwebane

Suspended public protector, Adv Busisiwe Mkhwebane, says the impeachment process by parliament against her is designed to rip off her “hard-earned benefits which cannot be taken away in terms of the law”.

Mkhwebane was speaking at a media briefing she called on Wednesday in Midrand, where she said the section 194 committee sought to punish her for holding “their leaders to account for Phala Phala, the CR17 campaign and commenting on the economic impact of the reserve bank on the poor". 

Should the impeachment proceedings against her succeed, Mkhwebane is due to suffer a loss of office gratuity worth at least R10m when her non-renewable seven-year term expires in October.

Parliament's section 194 committee, tasked with inquiring into suspended public protector Mkhwebane’s competence, has adopted its final report — with the majority of political parties calling for her removal. 

The EFF and ATM wholly rejected the report, signalling that they reserved their rights to legally challenge it while the one-member Al-Jamah opposed the recommendation to remove her as being “too steep”. 

“It has been a difficult journey, there was never fair reporting on the work of the PP, but the focus was on me as a person. We will take the report on review, and we are still finalising the strategy review on whether to interdict,” she said.

Mkhwebane, who was sent the draft report on August 11 to make inputs on the committee’s findings that she was incompetent, had displayed misconduct in some of her investigations and that they want her fired - did not make the submission to date.

She said the entire process was marred by illegalities as at some point she did not have legal representation, her lawyers wrote a letter to the committee to defer the discussion and adoption of the report, but this request was rejected. She also said they continued one meeting while she was ill.

“I will not allow my name to be abused on a racist agenda against me. The current process is no longer at a noble to hold public office accountable but vindictiveness. I vow to fight these dark forces to the bitter end, in the process of fighting them, if I perish, I perish,” said Mkhwebane.

In June, Mkhwebane released audio recordings in which supposedly former ANC MP Joemat Pettersson can be heard saying committee chair Richard Dyantyi, ANC chief whip Pemmy Majodina solicited a R600, 000 bribe to make the inquiry “go away”. The allegations are yet to be investigated.

Meanwhile, Adv Kholeka Gcaleka is two steps away from being South Africa’s next public protector.

The ad hoc committee tasked with finding Busisiwe Mkhwebane’s replacement resolved to nominate Gcaleka as its candidate for the job. She has been acting in the position since June 2022.  

Her candidacy now only needs to be endorsed by the national assembly before being signed off by President Cyril Ramaphosa.

Gcaleka’s nomination was supported by the ANC and IFP, while the DA and EFF spoke strongly against her recommendation.