While suspended public protector (PP) advocate Busisiwe Mkhwebane and Public Protector South Africa (PPSA) chief investigator Sydney Mataboge had a top-secret clearance, it did not mean they could have access to all classified documents, according to Democratic Alliance (DA) MP Kevin Mileham.
This, as the status of the 2014 Inspector-General for Intelligence (IGI) classified report, on the role of State Security Agency operatives at the SA Revenue Service (Sars), had a sequel in the parliamentary Section 194 inquiry into the fitness of Mkhwebane to hold office.
‘No authority’
With some MPs serving on the committee keen to understand how Mkhwebane and Mataboge became privy to the IGI report, Mileham maintained: “If a person has a top-secret clearance, that does not authorise you to gain access to view a top-secret document.”
Responded Mataboge: “I and PP have a top-secret clearance, which made it possible to view the IGI report.” When another DA MP, Mimmy Gondwe, continued to quiz Mataboge on the status of the IGI report, he said it was available in the public domain.
But Mataboge said he did not meant it was no longer classified. “Being in the public domain does not mean the IGI report loses its classification,” said Mataboge, conceding that he was under the impression that being in possession of the report was “lawful”.
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Cross examination
With topics being covered during the cross-examination of Mataboge by advocate Dali Mpofu and MPs, ranging from the IGI report to the Sars “rogue” unit, ANC MP Boyce Maneli asked whether the “significant shortcomings” in the PP reports, set aside by several courts of law, led to consequence management being introduced by Mkhwebane.
Against a background of some witnesses having earlier testified receiving audit letters from Mkhwebane for what she perceived as shoddy work, Mataboge denied PPSA had any consequence management introduced. The hearing continues.
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