Sinawo Thambo
By Thabo Mosia
Economic Freedom Fighters (EFF) MP Sinawo Thambo has defended former Public Protector Busisiwe Mkhwebane, sparking widespread debate about racial tensions in South Africa. Thambo’s comments, which he made in support of Mkhwebane, have added fuel to the ongoing controversy surrounding her legal battles, particularly regarding her claims of being persecuted by individuals of Indian descent.
Thambo stated: “On the Indian Question; Yes politically these are blacks because we suffer a common historical struggle, but materially Indian people have strong anti-black sentiments. The most avoided reality in SA is the distaste that the Indian population has against Africans, and this is a product of Apartheid. Go to KZN and hear our Africans relate their existence with their Indian counterparts. Look at Pravin Gordhan, Momoniat, Judge Zak Yacoob, etc. The YL of Malema once asked why, for example, do our Indian comrades always feel entitled to preside over economic clusters in governance in SA? Why? OR Tambo raised a concern about an Indian Cabal in the 80’s. There is a pattern; why do we avoid it? Why does South Africa not want to have an honest conversation about the tension we have with Indians and attitudes in that community against Africans?”
Thambo’s remarks come in response to Mkhwebane’s recent legal struggles, where she has accused individuals of “predominantly Indian descent” of positioning themselves as her “persecutors”. This followed a ruling by Judge Visvanathan Ponnan, who dismissed her appeal application in the Supreme Court of Appeal (SCA), calling it “frivolous” and “dead on arrival.”
Mkhwebane’s Legal Setbacks
Former Public Protector Busisiwe Mkhwebane has faced several legal challenges, and her latest attempt to overturn a ruling has been met with harsh criticism. On Tuesday, the SCA struck her appeal from the roll, dismissing her case against a Western Cape High Court ruling.
Judge Ponnan, who presided over the case, criticised Mkhwebane’s legal representative, Advocate Dali Mpofu, for continuing to pursue the matter. Ponnan described the appeal as “frivolous” and dismissed the case as having no merit.
Reacting to the judgment, Mkhwebane expressed her dismay, stating that the SCA’s decision was a significant setback not only for her but also for those who believed in her role as a protector of public rights and accountability.
She remarked, “I am deeply disappointed and disheartened by the ruling. I appealed with the hope of seeking justice and clarity. However, it was evident that Judge Ponnan, leading the judgment, displayed noticeable arrogance and dismissiveness throughout the proceedings.”
Allegations of Bias
In her statement following the ruling, Mkhwebane did not hold back in accusing individuals of Indian descent of being at the forefront of her “persecution.” She alleged that key figures in her ongoing legal struggles have predominantly been of Indian descent, citing their involvement in obstructing her path to justice.
“My ongoing struggle has consistently involved key figures, predominantly of Indian descent, who have positioned themselves as my persecutors,” she said. “Judge Ponnan’s attitude further underscores the challenges and biases I have faced in my quest for justice.”
Mkhwebane’s allegations have raised concerns about the racial dynamics within South Africa’s legal system, particularly regarding individuals in positions of power and their roles in high-profile cases. She has expressed frustration with the judicial processes, calling the SCA’s ruling an injustice not only to her but to the principles of fairness and accountability.
“This experience has been one of immense disappointment and frustration, revealing a deeply ingrained bias that continues to obstruct genuine justice,” she added.
EFF’s Support for Mkhwebane
The EFF has remained a staunch supporter of Mkhwebane throughout her impeachment process and legal battles. Thambo’s comments further solidify the party’s stance, aligning with Mkhwebane’s accusations and calling for a more honest conversation about the racial tensions in the country.
Thambo’s remarks reflect a sentiment shared by some in the EFF that South Africa continues to struggle with unresolved racial issues, particularly concerning the Indian population’s perceived dominance in certain sectors. His reference to historical figures, including OR Tambo, highlights the long-standing nature of these tensions and the need for open dialogue.
“The most avoided reality in SA is the distaste that the Indian population has against Africans, and this is a product of Apartheid,” Thambo said. “Go to KZN and hear our Africans relate their existence with their Indian counterparts. There is a pattern; why do we avoid it?”
Mkhwebane’s Recusal Attempts
Mkhwebane’s legal battles have not been limited to the appeal in the SCA. In November 2022, she approached the Western Cape High Court, seeking the recusal of Section 194 Committee chairperson, Qubudile Dyantyi, and Democratic Alliance (DA) MP Kevin Mileham from her impeachment inquiry.
Mkhwebane argued that Dyantyi was biased against her and that Mileham had a conflict of interest due to his wife being DA MP Natasha Mazzone. However, the court dismissed her application in April 2023. Despite this, Mkhwebane was granted permission to appeal the ruling in the SCA.
Judge Ponnan, in his ruling, pointed out that Mkhwebane’s application to the SCA had been filed under the Office of the Public Protector’s name, despite the case being pursued to advance her personal interests.
Parliamentary Response to Mkhwebane’s Comments
In response to Mkhwebane’s recent comments, Parliament issued a statement condemning her racial remarks. Parliament spokesperson, Moloto Mothapo, expressed concern over the accusations made by Mkhwebane against legal advisors involved in her impeachment inquiry.
Mothapo stated, “There is no merit at all to the attack levelled against these legal advisors, who have served Parliament with diligence and integrity over the years. The unwarranted attack on these officials, along with the racial slurs used by Advocate Mkhwebane, is particularly regrettable in a democratic society such as ours, where human dignity should be protected and respected.”
Mothapo further emphasized that Mkhwebane, as a public representative and MP, has a responsibility to uphold the values enshrined in the South African Constitution.
“Advocate Mkhwebane has appropriately sought the court’s intervention to express her dissatisfaction with the outcome of the Section 194 Committee, and the court has now struck the matter from the roll. Parliament reaffirms its commitment to building a non-racial, non-sexist, and democratic South Africa,” he concluded.
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