Cape Town - Faced with the possibility of being derailed by more delays and missing its July 28 deadline to table its report before Parliament, the Section 194 committee inquiring into suspended Public Protector Busisiwe Mkhwebane’s fitness for office has changed its rules.
Forced to postpone its hearings yet again after Mkhwebane rejected the State attorney as her instructing attorney to brief her counsel, the committee decided to amend its directives, allowing members to put written questions to Mkhwebane instead of engaging with her orally.
Mkhwebane will have the choice of responding orally or in writing.
Mkhwebane condemned the changing of the committee’s directives and accused committee members of “agreeing to an unlawful process”.
She again brought up the late ANC MP Tina Joemat-Pettersson, saying that she had predicted the committee would “circumvent the process” by pulling such a move, but did not pursue this line of argument, other than to say “more will be revealed”.
The meeting began with a briefing by the State Attorney’s Office’s advocate Isaac Chowe, who said Mkhwebane told him that she rejected the brief given to them to appear on her behalf due to what she claimed was a “patent conflict of interest”.
Chowe told the committee it was possible for the state attorney to act for opposing parties in the same matter.
A few weeks ago, Chaane Attorneys were briefed on her behalf, but Hope Chaane has since been booked off sick indefinitely.
Before that, Seanego Attorneys, who were Mkhewebane’s original choice, said it could no longer act on her behalf for professional reasons that were not shared with the committee.
Addressing the committee, Mkhwebane said: “I’m willing and able to engage with the Office of the Public Protector (PPSA) to allow me to have the legal representation of my choice.
“I will not answer any question without representation. So I hope that process will move with speed.”
In response to Mkhwebane’s request to recuse himself, committee chairperson Qubudile Dyantyi said he would consider such a request when it was submitted in writing.
Dyantyi said the proceedings would have to be completed within the additional R4 million budget that the PPSA made available to Mkhwebane, as this was all that was available.
Dyantyi said the amended directive would contain timelines for when each new step of the process should be completed.
Meanwhile, last Thursday, Parliament’s ad hoc committee to nominate Mkhwebane’s successor met to discuss its draft programme as well as the contents of the advert calling for nominations for the post.
The committee agreed to approach the State Security Agency and the police to ask for a dedicated team to assist in the candidate screening process before the interviews.
Committee chairperson Cyril Xaba (ANC) said the committee had until the end of August to complete its tasks as Mkhwebane’s term ends on October 14.