Legalbrief | your legal news hub Saturday 25 September 2021

Ramaphosa targeted for political gain – affidavit

In a loaded question that the Gauteng High Court (Pretoria) will grapple with tomorrow, the Public Protector's dismissed COO asks: Why did Busisiwe Mkhwebane prioritise and rush investigations into President and Minister over investigations into ‚ ‚ and Ace Magashule, notes Legalbrief. Basani Baloyi poses this question in support of her argument that Mkhwebane targeted specific people for political gain, says a Business Day report. In her replying affidavit‚ Baloyi dismissed Mkhwebane’s assertion that she prioritised the contentious Bosasa and ‘rogue unit’ reports because the law stipulated that she had to finalise them within 30 days. ‘There were other Executive Ethics Act cases, which were not finalised within 30 days. Some of these cases came well before the Bosasa and Pravin Gordhan investigations‚’ Baloyi said in her papers. She listed eight examples of cases that dated back to 2013 and 2014‚ involving Zuma and his allies‚ that were not prioritised. The list included former Ministers ‚ Tina Joemat-Pettersson‚ Mildred Oliphant and former North West Premier . Baloyi noted that Mkhwebane had since not found against any of these people‚ besides Magashule‚ because the investigations‚ which began in March 2013‚ were still ongoing. ‘There were at least eight such cases ... they date back to 2013 and 2014. No steps were taken to expedite them or to prioritise them. No explanation is given whatsoever by the Public Protector how the cases of Bosasa and Mr Pravin Gordhan‚ which came after these cases‚ received priority‚’ Baloyi argued.

Baloyi believed Mkhwebane manipulated the timing and contents of her reports ‘for reasons other than lawfully accepted reasons’. ‘I repeat the statement made that there was manipulation of timing and contents of the report of the Public Protector‚’ she said, according to Business Day. Baloyi has approached the High Court not only to get her job back but to have the court declare that Mkhwebane abused her office and violated the Constitution. She referenced four controversial reports‚ all of which are under review‚ to blow the lid on Mkhwebane’s allegedly unlawful actions‚ unethical conduct and breaches of process. In response‚ Mkhwebane has denied all accusations made against her‚ saying she was simply following the law. Advocate Dali Mpofu is representing Mkhwebane‚ and Advocate Tembeka Ngcukaitobi will act on behalf of Baloyi.