Vrede Dairy Farm: ANC corruption being protected by the Public Protector
18 June 2018
The Public Protector, Busisiwe Mkhwebane’s Answering Affidavit to the DA’s legal challenge to her Vrede Dairy Farm report is an embarrassing cop-out as it attempts to explain the failure to hold to account the political principals who designed and orchestrated this R220 milion Gupta-linked scandal. It appears from this 79-page affidavit that she is hellbent on protecting ANC corruption, showing she is unfit to hold the Office of the Public Protector.
In the Answering Affidavit, Mkhwebane blames her predecessor, Adv Thuli Madonsela; her office’s current lack of budget; and the limits of her official mandate and jurisdiction as excuses for her report ignoring the roles played by Ace Magashule and Mosebenzi Zwane. The DA’s initial complaint contained a submission that the project originated in the Office of then Premier of the Free State, Ace Magashule, and then MEC for Agriculture, Mosebenzi Zwane – and therefore these political actors ought to be investigated.
It is highly suspicious that after an almost four-year investigation into the Vrede Dairy Project, Adv. Mkhwebane found only that the Free State Department of Agriculture contravened the prescripts of the Public Finance Management Act (PFMA). There is no effort shown to probe the true corruption at the heart of the Vrede scam, and to hold those responsible to account.
Furthermore, the affidavit claims that the media reports implicating Magashule and Zwane with the Guptas preceded her appointment, or came to light after the investigation was already completed. This argument is flawed, as the position of Public Protector is cited as respondent and not the individual personally, on her own version. Accordingly, such considerations are immaterial, as the position of Public Protector was filled at all times and remains responsible, regardless of the person who was in that position.