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Public Protector opens contempt case against Zweli Mkhize in Tshwane - sources

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Public Protector Busisiwe Mkhwebane.
Public Protector Busisiwe Mkhwebane.
Jan Gerber, News24
  • A case of contempt has been opened against the Health Minister Zweli Mkhize in Pretoria.
  • The Office of the Public Protector said Mkhize failed to honour subpoena notices served on him three times.
  • The matter relates to a complaint by clinical associate and the general secretary of The Professional Association of Clinical Associates of South Africa, Sanele Ngcobo.

Investigators from the Office of the Public Protector opened a criminal case against Health Minister Zweli Mkhize at the Brooklyn police station on Friday, News24 has been reliably informed.

The case was opened after the office indicated on Thursday that it would initiate contempt proceedings against the minister, following his failure, on three occasions, to honour a subpoena.

Public Protector Busisiwe Mkhwebane said on Thursday:

Dr Mkhize was subpoenaed to give evidence and produce documents in relation to an investigation into allegations of undue delay and/or failure by the national Department of Health to implement the recommendations of the Report of the Clinical Associate National Task Team 2017.

Clinical associate and general secretary of The Professional Association of Clinical Associates of South Africa (Pacasa), Sanele Ngcobo, wants the national department to implement the recommendations in the report.

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The report relates to the introduction of the clinical associates profession into the South African health system, which came about as a result of recommendation late health minister Manto Tshabalala- Msimang endorsed in 2002.

Public Protector Busisiwe Mkhwebane said a complaint was initially laid against the health department and that the minister's office responded to written queries in the beginning of the investigation.

When responses were deemed inadequate, however, the Public Protector's office subpoenaed the minister as the person they had communicated with all along.

The Office of the Public Protector said subpoena notices were served on Mkhize on the "4th of February 2021 for his appearance before the Public Protector on 18 March 2021, on 21 April 2021 for 7 May 2021, and again on 24 May 2021 for 1 June 2021".

However, Mkhize failed to present himself on all three occasions and his office advised that he was unavailable.

"It is critical for state functionaries to understand that compliance with our investigations is not optional. No less than the Constitution of the Republic enjoins other organs of state to support and assist the Public Protector to ensure the institution’s independence, impartiality, dignity, and effectiveness," she said.

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