Suspended Public Protector Busisiwe Mkhwebane. Picture: ANA Archives
Cape Town - Former security manager in the Office of the Public Protector Baldwin Neshunzhi dropped bombshells on Thursday when he testified before the inquiry into the fitness of Busisiwe Mkhwebane to hold office.
Mkhwebane’s legal counsel Dali Mpofu objected to Neshunzhi’s testimony at the start of the hearing, saying it was irrelevant, but committee chairperson Qubudile Dyantyi said they would not stop any evidence being placed before the committee.
In his testimony, Neshunzhi told the committee about a preliminary investigation he conducted when irregularities were found in the IT system in 2018.
He said his preliminary investigation found nothing amiss with the system.
“I was called into the office of the Public Protector by the acting CEO, who was with the Public Protector. They expressed dissatisfaction in the manner in which I handled the security breach on the leave management system.”
Neshunzhi said he was given a letter to take to the State Security Agency for training on security matters because he could not handle information.
“It was not like a suspension in word, but I was told by the Public Protector to hand over the laptop, work card and keys of the office, and stay home until training was arranged, and attend the training.
“I asked, is this a suspension? Neither of them could confirm,” he said, referring to Mkhwebane and then acting CEO Nthoriseng Motsitsi.
Neshunzhi also testified about “garden leave” he was subjected to following a leak in connection with then acting CEO Vussy Mahlangu, who did not have a security clearance certificate.
He was never told about outcome of the investigation. Instead he was moved to complaints and stakeholder management on his return to work and not given a copy of the investigation report.
Neshunzhi said he regarded the manner in which he was suspended on both occasions as constituting unfair labour practice, as due processes were not followed.
“The reason for steps being taken against me was not fully explained. I did not take it up formally, but in my view the PP failed to conduct a proper oversight role in respect of ensuring that I was (not) treated in such a manner as she was aware of what was transpiring,” he wrote in his affidavit.
Neshunzhi told of another incident involving a suspected leak of a document from the Office of the Presidency, which turned out not to be the case as the presidency had issued a statement that documents were provided to the institution.
He said relations with Mkhwebane deteriorated after these incidents.
“You will see via gestures. Things are not the same as they used to be. I started realising that perhaps these episodes had an impact.”
He told the committee of an incident when former head of SSA Arthur Fraser told him that Mkhwebane had raised concerns about him.
“I was shocked to hear that there were concerns. He told me the Public Protector was not happy with the support that I should be providing her in managing the institution.”
He said he had found SSA official, Mahendra Moodley, who was part of a team of experts that assisted the Office of the Public Protector with the case management system, to be an IT expert.
“I found him extremely good in the field of IT,” said Neshunzhi, who in his affidavit stated Moodley was “some ‘whiz kid’ in that field.”
Moodley, who is implicated in a note from SSA on the nationalisation of SARB in the CIEX report, was dubbed by Mkhwebane’s legal team as an economic expert.
Mpofu’s junior counsel, advocate Hangwi Matlhape did not cross-examine Neshunzhi on many aspects of his testimony.
Matlhape said the theory that Mkhwebane introduced security clearance and vetting of employees, which were not there during former public protector Thuli Madonsela’s reign, was far from the truth.
Neshunzhi said when he joined the institution there was a security policy signed and approved by Madonsela.
However, Neshunzhi took issue with suggestions that he was moved from his post because his skills were best suited elsewhere, in line with labour laws.
“It is incorrect. You are casting aspersions on me. My capability was not questioned,” he said.
Cape Times
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