<\/p>\n
Cape Town – The witness who testified against Public Protector Busisiwe Mkhwebane over the past two days has been accused for giving skewed evidence that was full of negative remarks about the incumbent.<\/p>\n
Mkhwebane\u2019s legal counsel Advocate Dali Mpofu SC made the accusation about Free State head of the Office of the Public Protector, Sphelo Samuel, when he cross-examined him on Thursday.<\/p>\n
\u201cYou and evidence leaders have given (a) skewed and unbalanced view of (the) Public Protector\u2019s performance and concentrated on the negatives, not the positives.<\/p>\n
\u201cEven court judgments that are in her favour, you don\u2019t highlight them,\u201d Mpofu said.<\/p>\n
Samuel said there could positive things Mkhwebane made.<\/p>\n
\u201cIt might be that the negatives are more than the negatives,\u201d he said.<\/p>\n
This prompted Mpofu to say Samuel was one of the disgruntled employees who were bitter with Mkhwebane\u2019s management style, rather than the issues pertinent to the Section 194 Committee.<\/p>\n
In his response, Samuel said he had nothing personal or otherwise against Mkhwebane.<\/p>\n
\u201cI concede I was critical of her management style.\u201d<\/p>\n
Mpofu said he would argue at the end of the inquiry that the so-called reckless litigation by the incumbent was nothing but a result of the 2016 EFF-Nkandla judgment which invariably caused more litigation for Mkhwebane.<\/p>\n
However, Samuel said the judgment was not the sole cause of litigation.<\/p>\n
\u201cMy evidence is that we did not generally defend all litigation of the office prior to her arrival.<\/p>\n
\u201cWe were not a litigious institution. This litigation that flowed from her approach was not to the interest of the office in all the cases. It had an effect of portraying the office on the negative side,\u201d he said.<\/p>\n
Mpofu noted that the most extraordinary thing about Samuel\u2019s evidence was that it traversed four judgments so as to give impression to the committee so that it may find Mkhwebane guilty of the charges that were based on the judgments.<\/p>\n
\u201cThe reality is you are not familiar with those judgments,\u201d he aid.<\/p>\n
Mpofu also said Samuel\u2019s affidavit to the National Assembly was intended for the impeachment process as he had showed willingness to supplement it if he was required, but Samuel denied this.<\/p>\n
Samuel said he had asked the National Assembly to launch an investigation into the conduct of Mkhwebane over how she ran the institution.<\/p>\n
\u201cIt was not intended for impeachment. What I had in mind was that the Speaker at least would launch an investigation in whatever way,\u201d he said in his defence.<\/p>\n
Mpofu noted that Samuel was the only witness so far who relied on judgments in his evidence.<\/p>\n
\u201cYou will agree hat that is a revolutionary change,\u201d he said before saying Samuel\u2019s intention was to have Mkhwebane impeached.<\/p>\n
\u201cThat is not my intention. My intention is to assist the committee to the allegation I made. As for conclusion that is drawn, it is up to the committee,\u201d Samuel said.<\/p>\n
Cape Times<\/strong><\/p>\n","protected":false},"excerpt":{"rendered":" Cape Town – The witness who testified against Public Protector Busisiwe Mkhwebane over the past two days has been accused for giving skewed evidence that was full of negative remarks about the incumbent. Mkhwebane\u2019s legal counsel Advocate Dali Mpofu SC made the accusation about Free State head of the Office of the Public Protector, Sphelo […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[18],"tags":[2826,12689,4324,2771,218,11164,12690,6536],"class_list":["post-122600","post","type-post","status-publish","format-standard","category-politics","tag-accuses","tag-counsel","tag-evidence","tag-giving","tag-legal","tag-mkhwebanes","tag-skewed","tag-witness"],"yoast_head":"\n