Public protector reports should be issued when they are ready – Ponatshego Mogaladi

Advocate Dali Mpofu and suspended Public Protector Busisiwe Mkhwebane at impeachment inquiry in Parliament. Picture: Armand Hough/African News Agency(ANA)

Advocate Dali Mpofu and suspended Public Protector Busisiwe Mkhwebane at impeachment inquiry in Parliament. Picture: Armand Hough/African News Agency(ANA)

Published Aug 25, 2022

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Cape Town – The Public Protector South Africa reports should be issued when everything that should have been was completed, regardless of the time it took to finish them.

That was the view of executive manager for investigations Ponatshego Mogaladi when she was answering questions when cross-examined by advocate Dali Mpofu in the inquiry into the fitness of Public Protector Busisiwe Mkhwebane to hold office.

“The report should be issued when we feel it is ready to be issued. Whether it takes a month or two years, do we believe we have covered all the grounds and produce a quality report”? Mogaladi said.

Mpofu had asked her if it was okay for reports to be issued long after the set deadline, including those set by investigators themselves.

“It does not help the public if we rush to issue a report after a month while I know it will be taken on review, when you know I have not properly investigated the matter.

“We have to balance the speed and the quality of reports,” Mogaladi said.

During her cross-examination, she was asked in connection with the Financial Sector Conduct Authority that was taken on review and its setting aside was used as the basis to charge her in a disciplinary hearing.

The complaint was lodged with the office in April 2017, but the investigation was moved form the private office of Mkhwebane to the unit that was headed by Mogaladi more than a year later.

Mpofu asked if it was fine for the investigation to sit for 14 months with no work being done.

In her response, Mogaladi said there was no handing over of the report and that it was not the only case they were dealing with.

“If the Public Protector was concerned about the complainant, was it fair to remove an investigator who was in at the final stage?” she asked.

Mpofu asked her whether she remained of the view that she did not accept any wrong-doing on her part and that it was Mkhwebane’s fault.

“There are substantive issues I don’t agree with,” she said.

Asked if it was fair for her colleague Abongile Madiba to be dismissed and she remained employed for their collective failure, Mogaladi said Mpofu could not expect her to respond on a decision taken by Mkhwebane.

“The Public Protector should take accountability for that decision,” she said.

Cape Times