The Commission for Gender Equality’s commissioner Mbuyiselo Botha has a prima facie case to answer following a range of allegations levelled against him.
This is according to the three-member independent panel of experts when chairperson, advocate William Rasenga Mokhare, handed their report to Acting National Assembly Speaker Lechesa Tsenoli on Wednesday.
Mokhare was appointed last month along with advocate Noxolo Mbangeni and Malcolm Gessler to determine whether there was prima facie evidence to show that Botha committed misconduct, was incapacitated or incompetent.
Parliament appointed the panel early last month after former National Assembly Speaker Nosiviwe Mapisa-Nqakula asked parties to make nominations on persons to serve on the panel to conduct a preliminary inquiry to assess a motion that was tabled against Botha.
This was prompted by ANC MP Fikile Masiko’s motion requesting the National Assembly to initiate a process to remove Botha from office as a commissioner based on a number of allegations he faced.
The panel was given 30 days to undertake and complete its work and report back to Mapisa-Nqakula.
Briefing the media at the handover of the report to Tsenoli, Mokhare explained the process they followed in performing their task.
“The allegation against Mr Botha centred on audio recording.
“In these, it is alleged that in a plenary meeting held by the member of CGE, he made certain utterances which were derogatory and defamatory against fellow commissioners.
“It was alleged that those utterances were in violation of his constitutional duty as member of CGE to uphold the Bill of Rights and in particular the rights to equality, dignity and so on,” he said.
Explaining what led to Botha being in hot water, Mokhare said the CGE held a hybrid meeting in July 2021, and during the break the recording ran.
“Botha is overheard talking without being aware of being recorded and makes all sorts of derogatory statements against fellow commissioners.
“It was largely communication in south Sotho. The words are quite derogatory,” he said.
The issue was whether it was Botha who uttered those words, and if he did, what was his explanation.
Mokhare said Botha had appointed attorneys to represent him.
“The attorneys decided that Mr Botha will not be really responding as he was required. They wanted the panel to answer certain questions before he could respond.
“In our view, that was entirely not in accordance with the nature of the panel.”
Cape Times