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The South African Council of Churches has threatened to act against Public Protector Busisiwe Mkhwebane if she fails to explain her call for the terms of reference for the state capture inquiry to be expanded beyond the remedial action in the State of Capture report.
In a letter dated January 15, the council’s secretary-general, Bishop Malusi Mpumlwana, has demanded that Mkhwebane clarifies the “legal status” of her statement.
“While we would wish to keep an open mind about the intentions of the Office of the Public Protector, we do seek your clarity so as to consider if we may need to act in protection of the public interests in regard to the urgent matter of State Capture,” Mpumlwana states in the letter.
The council of churches conducted a probe into state capture, called the “Unburdening Panel”, and released a report on the process in May 2017.
Mkhwebane has faced harsh criticism for calling on President Jacob Zuma to not limit the terms of reference to the issues investigated by her predecessor Thuli Madonsela in her 2016 State of Capture report.
Zuma finally bowed to growing political and public pressure to establish the commission, in line with Madonsela’s recommendation. He announced last week that Deputy Chief Justice Raymond Zondo would head the commission, as recommended by Chief Justice Mogoeng Mogoeng.
According to Madonsela’s report, the judicial commission of inquiry must investigate the undue influence by Zuma’s friends, the Gupta family, on the state. This includes in the hiring of Cabinet ministers and tenders from state-owned entities.
But seven days since the announcement, Zuma is yet to make public the terms of reference for the commission.
In the meantime, the Hawks have forged ahead with their investigation and have obtained warrants for the arrest of at least one of the Gupta brothers.
Read: Gupta arrest warrant imminent
The Asset Forfeiture Unit is set to serve a summons on the Guptas to preserve assets of theirs worth in the region of R1.6 billion.
Read: The NPA goes after the Guptas, sets sights on assets worth about R1.6bn
Mkhwebane welcomed Zuma’s appointment of a commission of inquiry and offered her services to help develop its terms of reference so it would not be limited to the issues investigated or identified in the State of Capture report.
The church body said that it would be better for Mkhwebane to help establish the terms of reference, and that it was worried about her “understanding” of the matter.
“In these circumstances it makes sense for the president to be assisted, exactly in the spirit of the doctrine of conflict of interest. As Public Protector and monitor of the remedial action, you may well be competent officer to assist with the terms of reference that are in keeping with the purpose of the judicial commission of inquiry as proposed by the Public Protector’s report.
“But Ma’am, we would worry if your understanding is that the terms of reference could be expanded to fit whatever might yet come, as your public statement suggested,” Mpumlwana writes.
He said the council would also write to Judge Zondo, as the chair of the commission, to “solicit his understanding of the status of the Public Protector’s recommendations on the terms of reference”. – News24
