Accountability Now lays complaint against Public Protector

By Oscar Sanders - 06 August 2019Views : 555

Anti-corruption watchdog Accountability Now has lodged a complaint at the Office of the Public Protector as well as laying a criminal complaint with the police.

The pressure group have laid criminal charges of perjury and defeating the ends of justice, which includes an attached affidavit from Accountability Now director, Paul Hoffman, SC.

"The criminal complaint has been given Ocean View CAS no 09/08/2019 and will be investigated by the Hawks in Pretoria. As she cannot investigate herself, the maladministration complaint will have to be investigated by her deputy," reads a statement from Accountability Now.

Mkhwebane's deputy is Kevin Malunga.

"On July 15, 2019, the Constitutional Court handed down a judgment in which the majority finding included serious criticisms of the honesty and integrity of the Public Protector, advocate Busisiwe Mkhwebane," reads Hoffman's affidavit.

"While the matter was in the nature of civil proceedings the findings of fact in relation to dishonesty, deliberate misrepresentation of facts and an attempt to mislead the courts all involve criminal activities on the part of the accused.

"It would appear from the said findings that the accused is guilty of perjury and defeating the ends of justice."

"If the reports are accurate, the office has a huge maladministration problem in the form of advocate Busisiwe Mkhwebane's utterances and actions as set out in the reports," Hoffman said.

"If they are accurate, an investigation of the way in which the advocate is leading the office is required and appropriate remedial action in a form allowed by law is required. Reverting to the modus operandi of her predecessor would seem to be indicated.

"Her failure to give implicated parties the opportunity of setting out their side of the story and suggesting other or no remedial action is the basic cause of the mess in which the advocate has placed herself and the office she leads. It is not sufficient to await the outcome of the three other processes she is facing; immediate steps to correct the way in which the office is administered are required so that it can recover from her maladministration diligently and without delay."