Public Protector reveals what information she'll share with Zondo commission

2019-06-20 11:29
Public Protector Busisiwe Mkhwebane. (Morapedi Mashashe)

Public Protector Busisiwe Mkhwebane. (Morapedi Mashashe)

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Public Protector Busisiwe Mkhwebane has outlined what information her office will be sharing with the Zondo commission of inquiry into state capture.

In a video statement posted to YouTube, Mkhwebane said she was detailing the record her office would be sharing with the commission "so that I can clearly articulate what we have in our possession".

"I'm not doing this to show that possibly I'm reporting to the former Public Protector [Thuli Madonsela], but it's just for the benefit of the public because this matter is of public and national interest, so that the public can know that this is the information we have and we have nothing to hide," she added.

Mkhwebane also pointed out that while the Public Protector's office was "not subject of investigation by the commission" it would co-operate with the inquiry.

Also read: TIMELINE: Public Protector Busisiwe Mkhwebane's term in office so far

Mkhwebane said she would be handing over a range of evidence to the commission. Some of the documentation Mkhwebane is preparing for the commission includes:

the correspondence between Madonsela and Lieutenant Colonel Christine Anderson, where Madonsela was inviting Anderson to a meeting as part of the assessment of the complaint;

Madonsela's communication with the DA's David Maynier, requesting specifics regarding his complaint 

correspondence between Madonsela and the then director general (DG) of justice where Madonsela was inviting the DG to a meeting to discuss the complaint;

correspondence between Madonsela and the then Minister of Justice informing the minister, Jeff Radebe, about the complaint and the minister's promise to share the justice, crime prevention and security (JCPS) team investigation report (which he did);

correspondence between Madonsela and lawyers acting on behalf on SA Ambassador to the Netherlands Vusi Koloane where Koloane was invited for an interview and to share details about the disciplinary process of in which the Department of International Relations was taking steps against him;

a letter to Mr Dlomo, who was on the national intelligence co-ordinating committee, requesting information from him as well as an affidavit from him explaining their investigation into the matter;

documents relating to the interview conducted between Tom Moyane, former commissioner of correctional services and the former state attorney; and

 • the closing report which was shared with the public.

Last week, the Zondo commission announced it would be looking into the Gupta Waterkloof landing of 2013 in which the family landed a commercial aircraft at the military base, which was filled with 200 guests invited to attend an extravagant wedding at Sun City.

Mkhwebane subsequently closed the investigation in 2017 after assessing the information gathered, she announced last week.

In the latest video statement Mkhwebane said: "Before I joined the Public Protector’s office there was a draft section 7(9) notice but [this] was only focusing on a limited scope, especially the role of Colonel Anderson or that she was never involved or given an opportunity to present her side of the story in [the JCPS] investigation."

She added that "what transpired was that since 2014 nothing happened and when I joined the institution then the guidance was given to the investigation team that since the former public protector never proceeded with the investigation into the executive, let’s finalise the complaint of Colonel Anderson".

"That’s when we utilised all the information in our possession and drafted the discretionary notice to Colonel Anderson where we informed her that we will be closing the matter because we have evidence that 'You were involved, or you were consulted throughout this process of the JCPS cluster investigation'. We finally closed the matter in 2017."

Mkhwebane said the commission had approached her office for the evidence relating to landing, which the commission will now investigate.

"We have nothing to hide [and] we will share the evidence and all the documentation with the commission so [they] can also have records of this."

While Mkhwebane closed the investigation, former Public Protector Thuli Madonsela has been outspoken about the fact that she investigated more than just Anderson’s involvement as first alleged.

Last week, Madonsela told News24 that her intention was to publish the report dealing with incident as a whole.

"The investigation covered everything that happened - the landing, the home affairs people, everything. We covered everything.

"The intention was to publish the report dealing with what happened and then our commentary on what the task team was expected to do, but we needed to know what happened to be able to comment on the failures of the task team in investigating what happened," she said.

Mkhwebane, in her statement, however, said her reason for disclosing what happened and what evidence they have was for the benefit of the public.

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