Zuma praise singers pitched for consultancy work with Mkhwebane, probe hears

9 Sep 2022

During the Friday session of the parliamentary impeachment inquiry into suspended Public Protector Busisiwe Mkhwebane, the office’s legal services manager was cross-examined about consultancies, sign-offs and pitches – amid ongoing revelations about legal fees.

Kim Heller, a former EFF official and “independent” political analyst, attempted to bag consultancy work with the Public Protector, the Section 194 impeachment inquiry heard on Friday.

Evidence to the committee was that Heller, along with University of Zululand professor, Sipho Seepe, had met the now suspended Public Protector, Busisiwe Mkhwebane, in the hope of providing their services.

Both Heller and Seepe have published widely in Iqbal Survé’s Independent titles.

On Friday, Evidence leader, advocate Nazreen Bawa, cross-examined Public Protector legal services manager Muntu Sithole, who admitted Heller and Seepe had visited Mkhwebane’s offices but that the pitch had fallen through.

The visit would have been between 2018/19.

Heller and Seepe are both Zumaphiles and personally selected and commented on a 2021 selection of the former president’s speeches recently published as Jacob Zuma Speaks.

Read more in Daily Maverick: “Mpofu claims revelation of Mkhwebane’s R147m in legal bills is ‘sensationalist’”

In their foreword, the authors wrote: “Zuma’s presidency never stood a chance. It was foreshadowed by massive investment in misinformation and invective directed at his person… Coming from the humblest of backgrounds and with his pro-poor posture and policy orientation, [Zuma] was a threat to the status quo and preservation of elite interests.”

This week, Sithole admitted to signing off on an R87,000 invoice for US fugitive from justice Paul Ngobeni, which included R30,000 for two published articles critical of Cabinet ministers Tito Mboweni and Dipuo Letsatsi-Duba.

Apart from this Ngobeni, who is not registered with the Legal Practice Council, provided opinions to the Public Protector on the Vrede Dairy project, the CR17 campaign, the Pravin Gordhan/Ivan Pillay pension investigations as well as the now-discredited CIEX/Reserve bank report.

Read more in Daily Maverick: “Mkhwebane fails in last-ditch ConCourt bid, while MPs hear more about her alleged abuse of power”

The total cost in public funds for “consulting and professional fees” paid by the Public Protector between 2016 and 2022 was R158-million, of which R147-million was splurged on “legal fees”, the inquiry heard.

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These amounts were signed off by Sithole while some invoices did not comply with the Public Finance Management Act or the Public Protector’s own rates, the committee heard.

On Friday, the inquiry learnt that Mkhwebane’s personal legal firm, Seanego Attorneys, had received R49-million of the R147-million the Public Protector had spent on these legal fees.

Sithole denied that the firm had been given the bulk of work by the Public Protector and said other firms had also been briefed.

Sithole had trouble on Friday answering many of Bawa’s questions with regard to Ngobeni and Seanego and their interactions with the Public Protector’s office, often responding that he did not remember or recall vital details.

Even when Bawa flighted an invoice from Seanego with regard to an interlocutory application involving former state security minister Ayanda Dlodlo, which named Ngobeni, Sithole said he was unsure of Ngobeni’s role in the matter.

Read more in Daily Maverick: “Mkhwebane viewed politically sensitive Ramaphosa investigation as ‘a chess game’ – former COO Baloyi”

Advocate Dali Mpofu, representing Mkhwebane, objected, often loudly, to the grilling of Sithole by Bawa and committee members – a sign of things to come if and when his client eventually testifies.

The Public Protector’s Executive Manager: Complaints and Stakeholder Management follows Sithole as a witness. DM

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