Public Protector Busisiwe Mkhwebane’s controversial June 2017 order directing Parliament to amend the Constitution to change the mandate of the South African Reserve Bank was handed to her on a piece of paper by a State Security Agency official, an affidavit seen byThe wording of the SSA recommendation, which included exactly how the Constitution should be amended, found its way verbatim into Mkhwebane’s final report, dubbed the CIEX report.
She was roundly criticised in successive court judgments that set aside the report, and was ordered to pay some of the legal costs out of her own pocket over her lack of candour and transparency. The affidavit was deposed under the Protected Disclosures Act by a public protector staff member whose identity is known toThe detailed allegations it sets out undercut Mkhwebane’s campaign to portray herself as the victim of a political plot. Instead, it details how she allegedly took steps to withhold evidence from the courts, which implicated herself.
The whistleblower states that Mkhwebane, contrary to the office of public protector’s standard practice, instructed her lead investigator, Kekana, not to record or take notes during this meeting. On Thursday, 12 December, Mkhwebane described the personal costs order as a “low point” of her year during a press briefing, although she said she found solace in the minority judgment penned by Chief Justice Mogoeng Mogoeng, which ascribed her conduct to innocent errors.
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