Johannesburg – Public Protector advocate Busisiwe Mkhwebane has warned members of the executive and senior government officials across the country to co-operate with her investigators probing the theft of Covid-19 funds or face prosecution.
On Wednesday, Mkhwebane issued a stern reminder that accountability in the form of co-operating with her office’s investigations is a constitutional imperative and therefore not optional.
”Failure to respond to questions and requests for information could lead to serious consequences,” she warned.
Mkhwebane complained that lately her investigators’ efforts 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 among the reasons provided for the apparent refusal to answer questions or avail information required for investigations is that such information has already been provided to other forums such as the Special Investigation Unit (SIU) and the Office of the Auditor-General.
”The Constitution is unequivocal that organs of state must assist the public protector to ensure the institution’s independence, impartiality, dignity and effectiveness, and that no person or organ of state may interfere with the functioning of the institution,” said Mkhwebane.
She has also warned her office will be issuing subpoenas as a way of expediting the investigations.
The Public Protector Act states that any person who without just cause refuses or fails to comply with a direction or request or refuses to answer questions put to them in terms of the act or gives answers which they know to be false, shall be guilty of an offence.
According to the Act, any person convicted of such an offence shall be liable to a fine not exceeding R40 000 or imprisonment for a period not exceeding 12 months or both.
Mkhwebane insisted the SIU and the auditor-general were, respectively, a statutory body whose investigations are prompted by presidential proclamations and institutions that audit organs of state’s performance, financial management and compliance with policies and other prescripts.
Political Bureau