Simnikiwe Hlatshaneni
Premium Journalist
1 minute read
29 Nov 2016
6:31 am

‘Leaked’ audio will have no effect on state capture report, says expert

Simnikiwe Hlatshaneni

Mkhwebane 'opened a case' at the Brooklyn Police Station over the alleged leak, which experts say was not illegal.

Busisiwe Mkhwebane and Thuli Madonsela.

The release of audio recordings that former public protector Thuli Madonsela said were “legitimately released” had no effect on the State of Capture investigation.

They contained the exact same information as was released in an annexure to the State of Capture report, according to nongovernmental organisation Corruption Watch.

Section 7(2) of the Act deals with the release of information during an investigation, which did not preclude her from doing what she did, as her report was final, Corruption Watch attorney Nhlamulo Mvelase said.

“The transcript was released on the same day she released the report,” Mvelase said.

“That she later released an audio version has no impact or effect because the actual content is already contained in the document annexured in the report.”

Public Protector Busisiwe Mkhwebane denied the proceedings she requested at the Brooklyn Police Station last week constituted a criminal charge against Madonsela.

“The case into the alleged leaks was opened to establish if they amount to a breach of section 7(2) of the Public Protector Act,” Mkhwebane said on Sunday.

On Sunday, constitutional expert Pierre de Vos shared the same view in a tweet: “Well s 7 (2) prohibits release of info during investigation, so this charge won’t fly.”