Busisiwe Mkhwebane

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Busisiwe Mkhwebane, 2019

Busisiwe Mkhwebane (born February 2, 1970 in Bethal ) is a South African lawyer and since 2016 Public Protector ( ombudswoman ; literally: "Public Protector") of South Africa.

Life

Education and career until 2016

Mkhwebane received her matric in 1988 at the Mkhephula Secondary School . She graduated from the University of the North and received a BProc followed by a Bachelor of Law . She then obtained degrees in corporate law and tax law at the Randse Afrikaanse Universiteit . In 2010 she obtained a Masters in Business Leadership from the University of South Africa .

In 1994 she was hired as a prosecutor by the Ministry of Justice. Two years later she became Legal Administrative Officer in the International Affairs Doctorate . In 1998 she worked for the first time in the office of the then Public Protector as a senior investigator and acting provincial representative . In 2005 she moved to the Ministry of the Interior, where she became Director of Refugee Affairs. From 2010 to 2014 she was Counselor Immigration and Civic Services at the South African Embassy in China before becoming Director of Country Information and Cooperation Management at the Ministry of the Interior.

Activity as public protector

2016 was by President Jacob Zuma in place of Thuli Madonsela to Public Protector appointed. The Public Protector is an independent position guaranteed by the Constitution .

In 2017, Mkhwebane instructed the National Assembly to amend the constitution to make the South African Reserve Bank more government-run. Thereupon the course of the Rand fell . A court later ruled that she had exceeded her authority and that the separation of powers must be preserved. The Constitutional Court of the Republic of South Africa upheld the verdict on July 22, 2019, imposing a large contribution of court costs on Mkhwebane as a fine. Among other things, the judgment criticized that she had not heard all sides.

Mkhwebane is investigating minister Pravin Gordhan ( African National Congress , ANC), among others, over a possible affair over the formation of an undercover unit within the South African Revenue Service (SARS), an agency of the Treasury Department of which Gordhan was once head. She called the unit illegal and asked President Ramaphosa to take action. She also accuses Gordhan of irregularities in the early retirement scheme of SARS deputy chairman Ivan Pillay. There are also said to have been irregularities when acquiring an IT company; She also accuses him of lying about his meetings with members of the Gupta family . On August 8, 2019, the North Gauteng High Court ruled against Mkhwebane and the Economic Freedom Fighters (EFF) that Ramaphosa had properly handled their report on Gordhan.

She has accused President Cyril Ramaphosa of using an illegal donation of R500,000 from the Bosasa company for its internal party presidential campaign in 2017. Ramaphosa originally stated that his son Andile had received the money from Bosasa ; Ramaphosa later had to admit that he had lied. Mkhwebane's report, which the law requires it to publish within 30 days of a MP requesting it, was still under lock and key in June 2019, six months after such a request. Ramaphosa then filed a lawsuit against Mkhwebane, which was ruled in his favor in March 2020. On August 15, 2019, Mkhwebane was sentenced again to pay almost all of the court costs in a case involving her 2017 report on corruption at the Estina Dairy Farm Project in the Free State province . In it she did not mention the main culprits, members of the Gupta family.

Mkhwebane publicly criticized Madonsela's interference in her work and denied allegations that she came into office in connection with the Gupta family's influence on the state.

Mkhwebane has been criticized for inviting numerous people suspected of corruption, including Mosebenzi Zwane , to celebrate her 50th birthday .

Individual evidence

  1. Solly Maphumolo: God will keep me standing, says Public protector. iol.co.za from October 9, 2016, accessed June 23, 2019
  2. CV at parliament.gov.za (English; PDF); the year of Matric is incorrectly stated there, see also https://www.timeslive.co.za/news/south-africa/2017-07-31-typos-seem-to-stalk-public-protector/
  3. Is Public protector Busisiwe Mkhwebane a quailfied advovcate? Mail & Guardian of July 25, 2017 (English), accessed June 23, 2019
  4. Concourt blow to Mkhwebane gives a boost to further court action , Mail & Guardian Online July 22, 2019, accessed July 23, 2019
  5. ^ Public protector serves Gordhan with section 73 notice. fin24.com from June 3, 2019 (English), accessed on June 23, 2019
  6. Qaanitah Hunter: Ramaphosa beats Mkhwebane in court battle over Gordhan disciplinary action. heraldlive.co.za, August 8, 2019, accessed August 9, 2019
  7. DA accept Mkhwebane's explanation on late Ramaphosa report. Mail & Guardian dated June 18, 2019, accessed June 23, 2019
  8. Cyril Ramaphosa challenges public protector Busisiwe Mkhwebane in court. iol.co.za on July 30, 2019, accessed on July 30, 2019
  9. Theto Mahlakoana: Court rules Ramaphosa didn't mislead parly over R500k Bosasa donation. ewn.co.za on March 10, 2020, accessed on March 10, 2020
  10. Tom Head: What, again? Mkhwebane loses in court - here's how much she has to pay-up. thesouthafrican.com, August 15, 2019, accessed August 15, 2019
  11. Setumo Stone: Mkhwebane comes out guns blazing: I am not a Zupta deployee. City Press, June 17, 2019, accessed June 23, 2019
  12. Shameless: Public protector criticized for celebrating 50th birthday with dodgy guests. news24.com of February 10, 2020 (English), accessed on February 10, 2020