'I am being targeted, victimised for doing my work' Mkhwebane tells inquiry
Updated | By Anastasi Mokgobu
Suspended Public Protector Busisiwe Mkhwebane insists she is being targeted and victimised for simply doing her work.
Mkhwebane testified at the section 194 inquiry into her fitness to hold office on Tuesday, defending her invalidated investigation report into President Cyril Ramaphosa's 2017 campaign to become ANC leader.
She maintained that she did not overstep her mandate by investigating the CR17 campaign and ordering national prosecutions head Shamila Batohi to investigate possible money laundering.
Mkhwebane told the inquiry that her decision was based on evidence of how money was moving from one account to the other.
In her 2019 report, Mkwebane found that Ramaphosa deliberately misled Parliament when he answered a question on a R500 000 donation to the campaign from late Bosasa boss Gavin Watson.
She also found that Ramaphosa breached the executive code of ethics and that there was a reasonable suspicion of money laundering.
But the High Court in Pretoria found that Mkhwebane acted outside of her mandate when she investigated the campaign.
The court described Mkhwebane as having no regard for the law and found that she recklessly acted outside of her powers.
She approached the Constitutional Court, which also affirmed the High Court's ruling.
She blamed the media for her tainted reputation, saying that a narrative has been created to make her seem incompetent.
"I am being targeted, I am being victimised for honestly doing my work," Mkhwebane told MPs.
"When we got the evidence and subpoenaed the bank statement, which was reflecting that indeed there is this money, the campaign managers confirmed that the money has been received. The president himself never denied that he received the money and the fact that we had the statements which we analysed and incorporated in our section 79 notice, informing him.
“So I feel that whatever I did and the best way I know how ...because at the end of the day, you are made to be this person who is alleged to be targeting specific individuals and that's not the case.
“Unfortunately in South Africa, if you have mainstream media which will perpetuate a narration that you are this incompetent person, you don't know your work, you don't know the law, then it is a manufactured concern because it is repeated over and over irrespective of what you do.”
She further told the inquiry that it is still not clear why she should be charged for misapplying the law.
"Former Chief Justice Mogoeng Mogoeng and Justice Mbuyiseli Madlanga said it that sometimes my mistakes are just magnified and they are made as if there is this person who is always perfect.
“Our courts and appeal systems allow the process whereby the findings of the lower courts can be overturned by the higher courts and that is based on an error of law or facts.
“This is how our system function in a democratic country where there is a rule of law and a constitution.
“The same applies to the decisions of the public protector, they are subject to a review process. It is therefore not clear why would I be charged for misapplying the law when our system provides a necessary safeguard or mechanism to correct judgements and decisions where there has been a misapplication of the law.
“it is not clear to me why a misapplication of the law will constitute an act of misconduct or incompetence," said Mkhwebane.
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