Ramaphosa Rejects Holomisa Suggestion To Testify At PP Inquiry

President Cyril Ramaphosa has taken umbrage with United Democratic Movement (UDM) leader General Bantu Holomisa’s suggestions that he must provide evidence about his CR17 campaign funding to the ongoing National Assembly Section 194 inquiry.

The Section 194 inquiry was constituted by Parliament to investigate grounds of misconduct and incompetence against suspended Public Protector Busisiwe Mkhwebane.

General Holomisa suggested to the inquiry – probing Mkhwebane’s fitness to hold office – that Ramaphosa should be called to testify because the Constitutional Court “may have” erred in its findings on the public protector’s CR17 report.

Responding to the UDM leader’s comments, the Presidency on Wednesday said: “President Ramaphosa rejects the suggestion by the Hon. General Bantu Holomisa that he should give evidence on his 2017 party political campaign during the section 194 inquiry”.

The Presidency said Gen. Holomisa’s speculation that the CR17 campaign “may have” used public funds was “baseless, misdirected and vindictive”.

The Presidency added that such speculation was “an abuse of parliamentary processes and privilege.”

It has never been alleged that public funds were used by the CR17 campaign, said the Presidency.

“The Constitutional Court judgment last year ruled that the Public Protector had no authority to investigate the CR17 campaign, given that this was not an organ of state and therefore not within the Public Protectors remit,” the Presidency said.

“Gen. Holomisa is well advised that the Constitutional Court remains the final arbiter of justice and its judgments must be accepted and respected.

“Parliament does not have the mandate to review Constitutional Court judgments in the separation of powers of the Executive, Legislative and the Judiciary.”

The Presidency said the ongoing section 194 inquiry into Advocate Mkhwebane’s fitness to hold office was “not a platform to make unsubstantiated allegations that fall outside of the scope of inquiry”.

The National Assembly initiated a section 194 inquiry to investigate grounds of misconduct and incompetence against Advocate Mkhwebane who occupied the office of the Public Protector.

President Ramaphosa did not make any allegations against Advocate Mkhwebane, the Presidency said, adding: “Therefore, the President cannot be compelled to provide evidence proving or disproving these accusations”.

Explaining the procedure that was followed, the Presidency said “President Ramaphosa had, in accordance with the section 194(3)(a) of the Constitution of the Republic of South Africa, decided to suspend Advocate Mkhwebane from the office of the Public Protector effective 9 June 2022.”

Section 194(3) (a) of the Constitution provides that the President may suspend the Public Protector (or any member of a Chapter 9 institution) “at any time after the start of proceedings by a committee of the National Assembly for [their] removal”.