Cape Town - Public Protector senior investigator Bianca Mvuyana told the impeachment inquiry into the fitness of Public Protector Busisiwe Mkhwebane to hold office, that she did not place reliance on the report of inspector-general of intelligence (IGOI) on the so-called SARS rogue unit.
Giving evidence on the second day of her testimony, Mvuyana said she did not see the classified report.
“I had not seen it. If there are inserts into the report emanating from it, it does not come from me,” she said.
Mvuyana confirmed that she was aware that the chief investigator on the SARS report Rodney Mataboge and Mkhwebane had access to the report.
She told the inquiry that she had confidentiality security clearance at the time of the investigation on the matter.
“When the issue of the report being dropped off came to light, I was told I could not have access to it because I don’t have security,” she said.
Mvuyana said she was told by Mataboge, Mkhwebane and executive manager for investigations Ponatshego Mogaladi.
She, however, did not check what the law provided in this regard.
The IGOI report was reportedly dropped anonymously at the Public Protector South Africa offices and attempts by Mkhwebane to have the report declassified were unsuccessful.
Asked about her statement on Monday that Mkhwebane did not get involved in the investigations, Mvuyana said she did not do analysis and receive documents, among other things.
However, Mkhebane signed notices to those who were implicated in the report and had to implement the remedial action.
“They are discussed and she makes her inputs,” Mvuyana said, adding that the incumbent also received updates on the investigations.
The SARS report issued by Mkhwebane made adverse findings against Public Enterprises Minister Pravin Gordhan, former SARS commissioners Irvin Pillay and Oupa Magashula as well as former SARS official Johann van Loggerenberg.
Its findings were used as the basis for remedial action by Mkhwebane in her report.
The report was taken on review and set aside.
During her cross-examination, evidence leader Nazreen Bawa noted nowhere in the investigation report into the SARS unit did Mkhwebane say she was in possession of the IGOI report other than confirming the inspector-general at the time confirmed there was such a report.
Bawa said Mkhwebane did not state to former IGI Setlhomamaru Isaac Dintwe that she had the report, but was able to get confirmation on the existence of the classified report.
Mvuyana said she was not responsible for putting portions from the IGOI report in their institution’s investigative report.
She noted that the IGOI report had recommended criminal charges be investigated against Gordhan, Pillay, Magashula and Van Loggerenberg for establishing the SARS unit that was found to be unlawful.
The recommendation was turned into a finding and a remedial action in Mkhwebane’s report.
Mvuyana stuck to her guns that she had not seen the IGOI report.
“The information contained as remedial action, I would not be able to put it in the report,” she said.
She told the inquiry that as an investigator, she drafted the report, which got sent to others for input.
“Any person can insert a paragraph or some information …” Mvuyana said.
Cape Times