Public Protector vs Pravin Gordhan: Startling court admission opens Mkhwebane to accusations of perjury and fraud

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Counsel for the Public Protector told a full High Court bench she was not bound by an order of that court while admitting also - contrary to her own affidavits - that Mkhwebane had indeed illegally possessed a classified 2014 IGI report.

The startling admission now opens Mkhwebane to accusations that she has lied to the court and perjured herself when she stated in 2019, under oath in an interlocutory matter, that she did not have Radebe’s report.The Public Protector has consistently asserted in other court matters too that she did not have the report.

“The public protector concedes that at the time of compiling the public protector report she had not been furnished with the OIGI report but nonetheless had it ‘on good authority’ what those findings were,” Moroka told the virtual hearing.Display Adverts Fatal blow to Mkhwebane and EFF as court sets aside intelligence report at core of investigation into SARS ‘rogue unit’He said Dlodlo had been aware in that application that the Public Protector had “placed some reliance on the OIGI report” and as such should not have consented to the order by Poterrill without informing the Public Protector.“We are saying we are not bound by that order,” replied Masuku.“It is an order by a single judge, it does not bind her. I stand by the arguments I make.

At first it appeared Masuku was attempting to evade the question, replying that the PP “had conducted her own investigation of the issues that related to the unit and its activities. If you go through the report she made her own independent conclusions.” Masuku said that the PP had been “entitled” to assistance to have the report declassified “so that she could lawfully put out her report.”

The DPCI, in turn, set out in no uncertain terms how it understood its mandate and that the public protector had not indicated which law informed her “interpretation” of what would be labelled a “priority crime.”The crime of perjury lies at the heart of legal ethics.

 

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