ADVOCATE Busisiwe Mkhwebane is guilty as charged!
This is according to Parliament's Committee for Section 194 Enquiry into Mkhwebane's fitness to hold office.
The committee finalised its deliberations on Sunday, 30 July and found evidence before it sustained the charges of misconduct and incompetence against Mkhwebane.
The inquiry chairman, Qubudile Dyantyi, said the report will be sent to Mkhwebane for her written comment before it is adopted.
"We will provide the PP with a final audi alteram partem (opportunity to respond) before adopting a final report that will be sent to the National Assembly," he said.
The committee looked at all the charges against Mkhwebane, including her discredited Sars Investigating Unit report, human resources-related matters, fruitless and wasteful and or unauthorised public expenditure in legal costs and the CR17/Bosasa matter.
On the Sars charge, the committee agreed that "evidence feeds the narrative" that Mkhwebane conducted the investigation with a "predetermined outcome and was not impartial".
"In respect of the report of the Inspector-General of Intelligence (IGI) report (into the so-called Sars rogue unit), the committee resolved that it must recommend that the unlawful possession of the classified report be referred to the State Security Agency for further investigation," said Dyanti.
He pointed out that the members agreed that the classified report was unlawfully received and perused and that this amounted to misconduct.
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Mkhwebane is further accused of misconduct and incompetence in that she allegedly intimidated, harassed and victimised staff members.
In respect of the CR17/Bosasa matter, members of the committee indicated that Mkhwebane did not investigate in a manner that ensured impartial or independent conduct of the investigation.
It was found that she relied on the wrong ethical code to come to a determination.
The committee further questioned the appointment of Sibusio Nyembe as a "political" adviser, Paul Ngobeni as a consultant, and Kim Heller and Sipho Seepe as communications experts.
Dyantyi said: "The committee also found that this affected Mkhwebane's independence and impartiality."
