Just three months into the job and yet to deliver her first complete report, Advocate Busisiwe Mkhwebane is under increasing scrutiny.
Opposition parties voiced their concerns about Mkhwebane after Economic Freedom Fighters’ leader Julius Malema accused her of being a spy and a “Gupta puppet” on Monday.
Malema claimed that Mkhwebane was becoming a “state protector” instead of a Public Protector, and that it had been a mistake to support her through her nomination last year.
The party was already looking at ways to have her removed, he said.
Mkhwebane’s spokesperson Oupa Segalwe has declined to comment “for now”.
When Mkhwebane’s nomination was put to the vote in the National Assembly in September last year, all political parties gave her the thumbs up except the Democratic Alliance, which voted against her, and the Congress of the People, which abstained.
At the time, EFF chief whip Floyd Shivambu said that Mkhwebane would hit the ground running.
Reacting to the EFF’s about-turn, Council for the Advancement of the South African Constitution’s Lawson Naidoo said it was premature to judge, but Mkhwebane had so far failed to demonstrate to the public that she was their champion.
He was not surprised that concerns were being raised, because the selection process in Parliament was flawed.
“We were blinded by the transparency, but there was no rigour in evaluating the candidates, with everything glossed over. It was all form over content, with no interrogation or clear criteria,” he said.
United Democratic Movement leader Bantu Holomisa agreed it was too early to judge, but he was “very sceptical about Mkhwebane’s proximity to the establishment”.
“She compromised herself from the start when she had a private courtesy meeting at the president’s residence, not at the Union Buildings,” he said.
He also said she had a lot of explaining to do about the leaked Absa report into apartheid-era bailouts, with allegations now that she had tampered with her predecessor Thuli Madonsela’s findings.
DA chief whip John Steenhuisen said that if there was one time that he hoped that the DA was wrong, it was when it cast aspersions on Mkhwebane last year.
“Sadly every step taken, every action, every statement, is only confirming suspicions and uncertainty,” he said.
The DA has not withdrawn its unsubstantiated claim that Mkhwebane, who left a position as a newly appointed analyst in the State Security Agency to take up her new office, was a spy while working earlier for home affairs in China.
Mkhwebane has denied the claim, threatening legal action.
“We are watching her closely,” said Steenhuisen. “She hasn’t done much yet, besides public posturing. If she transgresses the Public Protector Act, we will take action,” said Steenhuisen.
Cope’s Mosiuoa Lekota said the party remained wary of her suitability for the job.
“Our concerns have deepened. Some of her comments have left us feeling uneasy.”
Inkatha Freedom Party deputy national chair Albert Mncwango cautioned that it was unfair to judge Mkhwebane. The IFP had nominated Mkhwebane, who had performed very well in the interview process.
“Let’s give her a chance,” he said.
David Lewis, executive director of Corruption Watch, which led a campaign for transparency during the selection process, agreed that recent reports raised concerns.
“However our preference is to suspend judgement until more evidence accumulates, particularly as to the nature of the substantive work of the Public Protector’s office”.
ANC parliamentary spokesperson Moloto Mothapo dismissed Malema’s comments.
“No right-thinking person will dignify the gossip and rumour mongering with a response.”
Malema tore into Mkhwebane at a media briefing at the EFF’s headquarters on Monday.
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