Adv. Mkhwebane rejects CASAC's claims
30 April 2018
Public Protector Adv. Busisiwe Mkhwebane has noted with concern and disappointment the claims leveled against her by the Council for the Advancement of the South African Constitution (Casac) in a widely publicized media statement dated 25 April 2018.
Although the matter is before the courts, and therefore sub-judice, Adv. Mkhwebane is of the strong view that letting the allegations concerned go without a challenge will have dire implications for her office in the eyes of the public. She, accordingly and without going deep into the merits, wishes to set the record straight.
First, the claim that she “watered down” the unsigned Vrede Integrated Dairy Project investigation draft provisional report, which she found in the office shortly after assuming duty in October 2016 is without any substance. The Public Protector South Africa, has always been at pains to explain to the public that the so-called provisional reports have no legal status. This explanation predates Adv. Mkhwebane’s tenure. The reason such documents did not enjoy any legal status was because they were essentially drafts or working documents.
The initial idea behind the issuance of provisional reports to parties was for purposes of complying with the requirements of Section 7(9) of the Public Protector Act 23 of 1994, which requires the Public Protector to grant parties against whom she is considering making adverse findings an opportunity to make representations to her or offer their side of the story. Such reports have since proved to be a problem as they were prone to leaks. The leaks had the potential to jeopardize investigations.