An independent panel has recommended that Commission for Gender Equality’s (CGE) Mbuyiselo Botha be charged with misconduct and referred to a section 194 committee to probe his fitness for office.
The panel chaired by Adv William Mokhare found there was prima facie evidence of misconduct by Botha.
He is accused of making derogatory comments to fellow commissioners.
In a motion to former National Assembly speaker Nosiviwe Mapisa-Nqakula, ANC MP Fikile Masiko requested that the assembly initiate proceedings to remove Botha from office in terms of section 194 of the constitution. Masiko wanted Botha to be removed based on five charges of misconduct.
Masiko attached a report by the commission, which found Botha’s use of derogatory language against one commissioner to constitute hate speech and discrimination, and recommended his suspension from the commission. It also recommended the institution of disciplinary proceedings against him and that his conduct be reported to the speaker.
She attached an audio recording and transcripts of Botha’s comments made in 2021.
Audio recording
Botha can be heard in the audio recording telling another person that former commissioner Tamara Mathebula lacked a backbone. The motion says the statement is disrespectful, demeaning and humiliating.
He also referred to another commissioner, Nomasonto Mazibuko’s albinism in a telephone conversation. “The reference is hurtful, discriminatory, objectifies commissioner Mazibuko and impugns her dignity,” charged Masiko in her motion.
It says a statement made by Botha that Mazibuko does not know anything about diplomacy is dismissive and belittling of her contribution and ability.
“The statements are embarrassing and humiliating to commissioner Mazibuko, and commissioner Botha ought to reasonably have been aware of this.”
Botha’s posture, attitude and intention to disrupt the plenary meeting of the commission in July 2021, has been deemed not in the best interests of the CGE and brought the organisation into disrepute.
“This conduct is in violation of the fiduciary duty to act in good faith and in the best interests of the organisation as a member of the commission.”
A third charge related to Botha telling someone about his appetite to fight and disrupt in plenary meetings. The comments made in Sesotho are translated to mean that he was deliberately waging war against fellow commissioners and prayed that during the two-day plenary he wished to strangle one of the commissioners.
Botha was also charged for utterances about another commissioner Nthabiseng Moleko, when he insinuated that she was “troublesome” or “problematic”. The statement was alleged to be disrespectful, demeaning and humiliating and in violation of the constitution and the CGE Commissioners’ Handbook.
The fifth charge relates to Botha’s statement against Sediko Rakolote, in which he mentioned the litigation between himself and Rakolote and stated that Rakolote would “mess his pants” once he is finished with him.
At the time of the incident, the two were involved in a legal dispute where Botha had allegedly defamed Rakolote. He has since apologised.
Panel assesses evidence
Mapisa-Nqakula appointed the Mokhare-led independent panel in March to assess the evidence and determine whether sufficient grounds existed for Botha to face a parliamentary impeachment inquiry.
The panel found there was prima facie evidence to support each of the charges.
“We conclude that charge 2, which relates to utterances about commissioner Mazibuko's albinism; charge 3, which relates to Mr Botha's incompatibility with fellow commissioners and his belligerent posture and charge 5; with regard to derogatory utterances he made about commissioner Rakolote, individually, prima facie establish ground of misconduct, as contemplated in section 194 of the constitution,” reads the panel’s report.
“Charges 1 and 4, while they do not rise to the level of gross misconduct, prima facie, when cumulatively considered with the other charges, demonstrate a pattern of behaviour of Mr Botha which is incompatible with the office of commissioner of the CGE, thus rendering him unfit to be holder of such public office.”
The panel said their view was buttressed by a plethora of constitutional and legislative provisions Botha is alleged to have breached through the conduct he is accused of.
The report was handed to acting speaker Lechesa Tsenoli on Wednesday.
Parliament spokesperson Moloto Mothapo said the rules of the National Assembly state that once the panel has made its recommendations, the speaker has to schedule the recommendations for consideration by the assembly with due urgency, given the programme of the assembly.
No decision has been taken yet on when the assembly would consider the report.
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