Busisiwe Mkhwebane

Busisiwe Mkhwebane is a South African advocate and prosecutor who served as the 4th Public Protector of South Africa from October 2016 until her impeachment in September 2023. Following her impeachment, she served as a Member of the National Assembly of South Africa from October 2023 to October 2024, representing the EFF. She is the first head of a Chapter 9 institution to be removed through impeachment.

Mkhwebane was born in Bethal in the then Transvaal province (now Mpumalanga) on 2 February 1970, matriculating from Mkhephuli Secondary School in 1988. She graduated with a BProc followed by an LLB from the University of the North (now the University of Limpopo). Subsequently, she obtained a diploma in corporate law and a higher diploma in tax from the Rand Afrikaans University (now the University of Johannesburg). In 2010, she completed a Masters in Business Leadership at the University of South Africa.

In 1994, Mkhwebane joined the Department of Justice as a Public Prosecutor, thereafter from 1996 as Legal Administrative Officer in the International Affairs Directorate. In 1998, she joined the South African Human Rights Commission as a senior researcher. The following year, she joined the Public Protector's office as senior investigator and acting provincial representative. In 2005, she left to join the Department of Home Affairs as the director for refugee affairs, becoming acting chief director in asylum seekers management in 2009.

From 2010 to 2014, she worked as Counselor in Immigration and Civic Services in South Africa's embassy in China. A report by the Organised Crime and Corruption Reporting Project stated that during this time Mkhwebane's bank account was flagged by HSBC for receiving a US$5000 payment from the Gupta family in connection with a controversial railway contract with China South Rail. Mkhwebane rejected the allegation that she received money from the Gupta family.

In 2014, she returned to South Africa to serve as a director on country information and cooperation management at the Department of Home Affairs. Mkhwebane then worked as an analyst for the State Security Agency from July 2016 to October 2016 before she was appointed Public Protector in October 2016. During her appointment, it was made known that she had a close relationship with then President Jacob Zuma.

She served as a board member for the Refugee Fund, where payments for financial assistance are made for refugees in distress. She serves as the Director of Business Development at Iyanilla Bricks.

A number of notable controversies and related judicial judgments against the Public Protector occurred during Mkhwebane's tenure. Opposition political parties, the Democratic Alliance and the Congress of the People, called for Mkhwebane to be removed as Public Protector, whilst civil society organisations such as COSATU and the Organisation Undoing Tax Abuse have called for her fitness to hold office to be reviewed.

Mkhwebane's report into the alleged improper acceptance of a R500,000 donation to the successful ANC presidential election campaign of President Cyril Ramaphosa from BOSASA has been controversial for its findings, the supposed nature of the investigation, and the political context in which it was written. The report, which concluded, inter alia, that Ramaphosa had deliberately misled parliament when questioned about the donation, was described by the President as containing "numerous factual inaccuracies of a material nature, the findings that are found are wrong in law, are irrational and in some instances, exceed the scope of the powers of the public protector." Ramaphosa sought a judicial review of Public Protector's report, the court judged that the report should be set aside and that her office had no jurisdiction to investigate the matter. The court also stated that Mkhwebane's investigation was "unlawful,” "irrational" and "reckless" whilst stating that "Mkhwebane failed to understand her jurisdiction and failed to correctly apply the law and assess the evidence before her."