Suspended Public Protector advocate Busisiwe Mkhwebane could soon be evicted from the state-owned house in the exclusive Bryntirion Estate in Pretoria.
SUSPENDED Public Protector advocate Busisiwe Mkhwebane could soon be evicted from the state-owned house in the exclusive Bryntirion Estate in Pretoria.
This move comes as a surprise since Mkhwebane is on suspension and not fired. President Cyril Ramaphosa suspended Mkhwebane from the Office of the Public Protector five months ago.
This was after Mkhwebane, then as public protector, was investigating Ramaphosa regarding his Phala Phala farm scandal in which millions of US dollars were stolen.
According to a press statement from the Presidency in June, Mkhwebane will remain suspended until the Section 194 process in the National Assembly has been completed.
The process has seen Mkhwebane being denied funding by acting Public Protector Kholeka Gcaleka.
The DFA’s sister publication The Star is in possession of a five-page letter of response from Mkhwebane, after being told that she will be given notice to terminate the lease that she said chief executive Thandi Sibanyoni signed with Public Works and Infrastructure Department (DPWI).
“I have noted and perused the opinion from legal services and the related attachments into the reasons and the conditions that informed the decisions of the then and the current accounting officers to be liable for the financial obligation and the related rental expenditure incurred for the provision of my state-owned accommodation, at both 18 Bryntirion Estate, and Flat No 1 Lisdogan Park, Bryntirion Estate, Pretoria,” Mkhwebane said.
In the letter addressed to Sibanyoni and Deputy Public Protector Kholeka Gcaleka, Mkwebane said she did not have a problem with vacating the house.
“I have no problem with vacating the house and the CEO can go ahead and give notice to DPWI accordingly,” Mkhwebane said.
She added: “Can I have a letter of confirmation from SAPS that they were informed about my vacating the residence and confirming that I am no longer under any high-risk category by November 15. The reference to payment to be debited from my account related to services rendered like water and electricity usage (Mr Leon) Mbangwa the former Chief of Staff of the Minister of Public Works once said it might not be more than R2,000 per month, similar to what ministers pay for such. I reserve all my rights relating to this matter.”
Mkhwebane said following the threat assessment report dated August 17, 2017 from the Acting Divisional Commissioner: Crime Intelligence Major-General PM (Pat) Mokushane, ad-hoc protection was provided, while the Risk Information Administration System (RIMAs) Policy was reviewed and pending to be tabled in Cabinet in 2018.
“There is a letter dated 18 October 2017 from the former Commissioner Khehla Sitole to the minister of public works about the threat to my security. It deals with provision of official residence following the malicious damage to my property at Pebble Rock on 1 September 2017 and case number 1/09/2017 which was opened. I have attached all the correspondence PPSA had with Public Works following up on the lease and amount to be paid for accommodating me temporarily.
“I have also attached a submission by Themba Dlamini, the former CEO of PPSA and other correspondence to DPW following up on the issue of the lease and rental amount. A risk and security threat assessment were further requested from SAPS as per the letter dated 29 April 2019 from the erstwhile CEO, Mr Mahlangu and 25 May 2020 from the late Mr Sibusiso Nyembe, COS. SAPS responded on 17 July 2020 and confirmed the status quo.
“This was not a nice to have arrangement and there was a State Security Agency threat and risk assessment at my house which proposed that my house must be upgraded and I did not agree to that arrangement avoiding the Nkandla saga. I then opted to move from the comfort of my house to the state house and I kept maintaining and servicing my house in Pebble Rock until I sold it in July 2021. After the house was sold I rented a place to keep my furniture and all my belongings,” said Mkhwebane.
She said during the meeting held with the SAPS, chaired by the accounting officer, Thandi Sibanyoni on April 26, 2021, the SAPS further advised that Cabinet responded in 2019 with further enquiries and the SAPS was in the process to respond to Cabinet on the issues raised, following the disruptions by 2019 election year and 2020 Covid pandemic.
“I have all the communication which Sibanyoni had with the team, Minister Patricia de Lille and Public Works on the accommodation for security reasons. Further, the draft policy of PPSA which was presented to EXCO, and I have proof that I followed up with the CEO to finalise PPSA policy on the matter.
“The SAPS confirmed that they provide static protection service for office-bearers not covered by the Ministerial Handbook or the Executive Members’ Guide on an ad-hoc basis.
“Sibanyoni attended a meeting where this was clarified to her by one of the divisional commissioners, a few weeks after she joined the PPSA. She is better placed to provide more information as the person who eventually signed the lease agreements for the PP’s residence,” Mkhwebane said.
She further said the investigation and legal opinion should have been sought before signing of the lease, if there is any irregularity, she should account for it accordingly.
Mkhwebane said after a media inquiry on the same matter at the beginning of this year, a meeting was held with the SAPS, PP, the chief executive and her team.
She said as the accounting officer, Sibanyoni ensured that resources were used economically through the negotiation of the move from 18 Bryntirion to Flat No 1 Lisdogan Park, Bryntirion state with a market-related rental of R11,000 as opposed to R60,000. This is required by Section 38 (1)(b) of the PFMA and further that the rental expenditure of R11,000 was only incurred/committed upon contracting into a valid lease agreement concluded by the accounting officer on behalf of the PPSA, being the delegated authority in terms of Treasury Regulations 8.2.1,“ Mkhwebane said.
The Office of the Public Protector and the DPWI asked for more time to respond.
