Parliament, Thursday, 7 September 2023 – The Chairperson of the Committee for Section 194 Enquiry into Public Protector (PP) Adv Busisiwe Mkhwebane’s fitness to hold office today welcomed the decision made by Parliament’s Joint Committee on Ethics and Members’ Interests, which cleared him of any wrongdoing in respect of a complaint lodged by Adv Mkhwebane alleging that he had attempted to solicit a bribe in connection with the Section 194 Enquiry.

Committee Chairperson Mr Qubudile Dyantyi said he was informed today that the Ethics Committee yesterday concluded the investigation into the alleged contravention of the Code of Ethical Conduct and Disclosure of Members’ Interests. “I have been vindicated. I have always maintained that I will make myself available for any investigation or process regarding this matter. I had made it clear from the onset that the allegations hold no merit and this, in my view, was merely an attempt to derail the Section 194 process.”

According to Mr Dyantyi, the Ethics Committee noted that the version of events put forward by Mr David Skosana, Adv Mkhwebane’s husband, to the South African Police Service (SAPS), which forms the basis of the complaint, does not mention him and nor do the audio recordings. Similarly, the WhatsApp messages do not link him to the allegations. The Ethics Committee noted, as did the Chairperson in his response to Adv Mkhwebane’s recusal application, that the WhatsApp messages and audio recordings seem to have missing parts and therefore may not be a true reflection of the communication between the late Ms Tina Joemat-Pettersson and Mr Skosana.

The committee therefore found that the evidence before it does not provide a conclusion on probability that Mr Dyantyi solicited a bribe of R200 000 in respect of the Section 194 Enquiry. It also does not show that he breached the code. The Committee found that the complaint is therefore unfounded.

Mr Dyantyi expressed his gratitude that the matter has been concluded. “I am thankful that this matter can now be put to rest. I want to express my appreciation to all the Members of the Section 194 Enquiry that clearly voiced their support for me in our meetings when the allegations surfaced. Those Members, just like me, saw this as another attempt to stall the process and to detract the committee from its mandate. It is unfortunate that the important constitutional functions of the committee had to be marred by this matter but I am resolute that I have conducted myself with integrity during the process.”

Last month, the committee recommended the removal of Adv Mkhwebane as PP based on overwhelming evidence. The committee, after following an extensive fact-seeking enquiry, found that Adv Mkhwebane had misconducted herself and is incompetent. After considering its findings, the committee resolved to recommend to the National Assembly (NA) that she be removed from office. The committee’s report is due to be debated and voted on in the NA on Monday, 11 September 2023.

The committee was established on 16 March 2021 to conduct a constitutional enquiry into the PP’s fitness to hold office. Committee documents can be found at Committee for Section 194 Enquiry - Parliament of South Africa at Committee for Section 194 Enquiry - Parliament of South Africa


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