Suspended Public Protector Busisiwe Mkhwebane in Parliament during her impeachment. Picture: Armand Hough/African News Agency(ANA)
Pretoria – An executive manager of investigations in the public protector’s office was told that she should also accept responsibility of her actions and not only blame suspended Public Protector Busisiwe Mkhwebane for everything that went wrong in the office.
Advocate Dali Mpofu, who is representing Mkhwebane, was cross-examining Ponatshego Mogaladi, who was the former executive manager for investigations at the public protector’s office.
Mogaladi is one of many witnesses who has made damning allegations against Mkhwebane and her alleged unbearable treatment towards staff members.
On Thursday, the second day of her testimony, she was cross examined by Mpofu.
“Is it a sin if the public protector ensures that the work gets done.... Do you agree that in this country, where lack of service delivery is at pandemic levels, people should not be penalised for pushing that there is service delivery in their spheres,” Mpofu said to Mogaladi.
Mogaladi agreed that work should be done but it should not be at a cost, adding that balance should be maintained hence there are labour laws.
On Wednesday, Mogaladi told Parliament how Mkhwebane ill treated Abongile Madiba, a former employee who was partially disabled due to a stroke that he suffered in December 2017.
“He was a skilled and a hard working person who was committed to the office and produced excellent reports that withstood judicial scrutiny.
“The Public Protector was fully aware of Madiba’s medical condition and notwithstanding this, he was charged when he was ill, suspended and ultimately dismissed.
“He passed on a sad and broken man a month after his dismissal, no support or mercy was shown towards Mr Madiba,” Mogaladi said on her affidavit.
Madiba was dismissed after Mogaladi failed to discipline him over a report he had submitted late.
Mogalagadi added that she did not discipline Madiba because she felt it was unfair to do subject him through disciplinary actions as he was not fully functional, he only typed with one hand.
During cross-examination on Thursday, Mpofu said the Public Protector had no option but to expect deliverables.
"The employer had a duty in terms of the Labour Relations Act to reasonably accommodate Mr Madiba,’’ Mogaladi replied.
Mpofu said Mkhwebane will show in her evidence that she on several occasions advised Madiba to take early retirement.
He added that Madiba has been used to try and portray the Public Protector as a heartless person and yet, Madiba was paid and expected to do his work.
“Madiba was hard working and produced excellent reports. When he became sick there should have been accommodation for him.
“And I am saying, what was heartless, was knowing the circumstances of Mr Madiba, for the organisation to put him through that difficulty, that was how I was raising those things. That's why I said he died a sad, a very sad and broken man," she said.
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