PUBLIC Protector Advocate Busisiwe Mkhwebane has warned government officials who are uncooperative in her investigation of Covid-19 irregularities that they are breaking the law and can be prosecuted.
Mkhwebane on Wednesday revealed that her investigations into alleged irregularities by her office was being met with resistance by officials in some provincial government, and warned them that failure to respond to questions and requests for information could lead to serious consequences.
The alleged irregularities include procurement and goods and services.
Mkhwebane said according to the Public Protector Act, anyone who fails to comply with her requests can be prosecuted and if convicted can be imprisoned for 12 months or a fine of not more than R40 000.
“Of late, efforts by public protector investigators to deal expeditiously with Covid-19 related matters, including those of alleged irregular procurement of goods and services, have been met with some degree of resistance from some members of the executive and senior government officials including heads of department,” she said in a statement issued by her office.
Mkhwebane did not name the departments or officials concerned, but said some of the excuses given to her investigators were that the information they required had already been supplied to the Special Investigative Unit or the Auditor-General.
She reminded the officials that even if that was so, her office was an independent constitutional institution with the power to investigate any alleged or suspected improper, or prejudicial conduct in state affairs in the public administration and in any sphere of government.
Her powers include making results of her investigation public and take remedial action, which are binding unless reviewed and set aside by a court of law.
“Unlike the public protector, the SIU is a statutory body whose investigations are prompted by presidential proclamations. The outcomes of its investigations are reported back to the president in contrast to those of the public protector, which must be made public unless there are special circumstances preventing the airing of such information.
“The AGSA, on the other hand, audits organs of state’s performance, financial management and compliance with policies and other prescripts,” she said.
She said that the Constitution was very clear that organs of state must assist her office, and no person or organ of state may interfere with the functioning of her office.
“Officials cannot cherry-pick which institutions they want to account to. Answering questions from one institution is not a bulwark against accounting to another,” she said.
Mkhwebane said she will now have to issue subpoenas to accelerate these investigations.
