Mkhwebane under fire in parliament over Vrede dairy investigation

Public Protector Busisiwe Mkhwebane came under heavy criticism from MPs in parliament's justice committee on Tuesday for her handling of the investigation into the Vrede dairy farm.

Parliamentarians questioned why she had not interviewed the failed project’s beneficiaries and whether she could be trusted as the custodian of the Executive Members Ethics Act. 

The tense meeting was also attended by supporters of Black First Land First. Committee chairman Mathole Motshekga instructed the group to lower their banners‚ failing which they would be asked to leave the meeting. They opted to leave. 

Mkhwebane released the 65-page report in February. Its recommendations for remedial actions have raised concerns about conflict of interest. Among others‚ Free State premier Ace Magashule‚ who is now also ANC general secretary‚ is instructed to institute disciplinary action against officials implicated in Public Finance Management Act (PFMA) breaches.

The DA and the Council for the Advancement of the South African Constitution have taken the report on review in the high court. 

The common thread in the MPs questions was why Mkhwebane chose to either ignore or deliberately exclude the rightful beneficiaries of the Vrede dairy farm project‚ as they had been the most prejudiced. MPs also reminded the public protector that she had undertaken to protect the most vulnerable in society during the interviews to fill Thuli Madonsela’s old post. But most felt that she had fallen woefully short of this. 

Parliamentarians on Tuesday also wanted to know from Mkhwebane whether her office in the Free State had been pressurised when conducting the investigation into the project‚ because her office’s final report fell short of expectations. 

“To what degree was the public protector office in the Free State pressurised? Was there no space to include or name the beneficiaries? Are you satisfied that you got all the information pertaining to the project? What was your contribution to the report‚ did you only come up with the remedial action?” MPs asked Mkhwebane. 

“I would not want this process (the justice committee hearing) to interfere with the [high court review] as [this report] is subject to court action. Aggrieved parties have taken the report on review‚” said Mkhwebane. 

“The report was completed in 2014. [I] engaged the Free State office in 2016‚ when I went there for a visit. The matter (investigation) purely focused on issues of maladministration‚ [in terms of] how the project was managed. The investigation focused on PFMA violations. The investigation never concentrated on the beneficiaries‚” added the public protector. 

On the question of Magashule‚ Mkhwebane said: “The premier’s conflict of interest was not investigated‚ [but] can be gladly investigated.” 

Asked why she had not referred the matter to the Hawks‚ the public protector responded that the elite police investigation’s case into the matter was at an advanced state and that freezing orders had been issued in relation to the project. 

The hearing continues‚ and is expected to touch on funding issues bedevilling Mkhwebane’s office‚ as well as her Ciex report‚ in which she had controversially ordered parliament to institute a process to change the Reserve Bank’s mandate.