DA MP could face criminal charges

The Public Protector is considering instituting criminal proceedings against DA deputy chief whip Mike Waters.

It comes after he made public a provisional report about the Public Protector's investigation into Minister of State Security David Mahlobo. 

The Public Protector, Busisiwe Mkhwebane, says she is extremely perturbed and disappointed by the DA's continuous violation of the Public Protector Act.

She says the opposition's conduct undermines the independence and effectiveness of the Public Protector.  

The investigation centres around allegations of a violation of the Executive Ethics Code by Mahlobo, who is alleged to have deliberately misled Parliament when he said the "Fees Must Fall" activist, Mcebo Dlamini has never been to his house. 

Mkhwebane concluded that it cannot be found that Mahlobo wilfully misled Parliament.

The publication of this provisional report is prohibited in terms of section 7(2) of the Public Protector Act.

According to Section 11(1) of the Public Protector Act, any person who contravenes the provisions of this Act shall be guilty of an offence. 

The Act provides that any person convicted of an offence in terms of this Act shall be liable to a fine not exceeding R40 000 or to imprisonment for a period not exceeding 12 months or to both such fine and such imprisonment. 

DA MP Mike Waters is unfazed by the Public Protector's statement 

"She's overeacting" Waters said.

Listen: