Cape Town - The Section 194 inquiry into the fitness of Public Protector Busisiwe Mkhwebane is expected to hear her answering questions on matters she has already been led on regarding Bosasa and the so-called SARS unit when it resumes on Wednesday.
The inquiry was set to resume on Monday after the MPs were briefed on Friday about Mkhwebane’s legal representation with Advocate Dali Mpofu continuing as the senior counsel, along with two junior advocates that have been with the inquiry since it started.
The inquiry was halted at the end of March when the Public Protector of South Africa office ran out of funds.
When additional funds were sourced, there were postponements to allow Mkhwebane to obtain legal representation after her attorneys for record Seanego Attorneys withdrew.
In a letter dated June 4 to inquiry chairperson Qubudile Dyantyi, managing director for Chaane Attorneys, Hope Chaane, said they were not ready to proceed and represent Mkhwebane.
Chaane said they were given access to the voluminous Dropbox on June 1.
They had required sufficient time to prepare for Mkhwebane’s appearance.
“We have not fully considered the documents on Dropbox for us to adequately advise and represent our client in this matter,” he wrote.
He also said they were informed of Monday's inquiry on Friday afternoon.
“We believe that this is not sufficient time to allow us and our client to prepare for the appearance on June 5 2023.”
Chaane said they could not brief Mpofu unless they were in a position to understand the scope of the work.
They also needed to give instructions to counsel.
He added there should be clarification on the R4 million cap on legal fees and payment terms.
They also needed an agreement on the duration of the remainder of the inquiry.
This should be in line with the dictates of fairness and terms of reference.
“Counsel’s brief will only be sent out once all of the above issues have been addressed,” Chaane said.
He took issue with Mpofu’s fees having been “gratuitously and maliciously” published while negotiations were under way and questions were not answered about the fees of evidence leaders.
In his response, Dyantyi said he found it objectionable that matters were raised at the eleventh hour before the inquiry resumed.
“I have difficulty accepting the assertion that you will need to familiarise yourself with the content of the Dropbox to brief counsel.”
Dyantyi also stated the R4 million was ring-fenced and that no further amount would be made available for Mkhwebane’s legal fees.
“You have accepted the instruction from the State attorney. It appears that you have deliberately not raised these issues with them.”
On Chaane being notified on Friday about the resumption of the inquiry, Dyantyi said the committee meetings were public and the media reported on its proceedings before the secretariat finalised communications.
“As far as I am concerned the only impediment appears to be that your client has not instructed you to issue the briefs to ensure her counsel is in attendance.
“Should she not give you such instruction she will be represented by counsel of her own choice and the absence of counsel cannot be laid at the committee’s door and shall in fact be treated as waiver on her part to her legal representation, especially given the efforts made to assist her to date,” Dyantyi wrote.
He granted the postponement until Wednesday.
“However, I do so reluctantly. “I am duty bound to ensure that this process concludes within a reasonable time frame.
“I will endeavour to do so in accordance with the draft programme you have been furnished with," he said.
Dyantyi also told Chaane that he was considering resuming the inquiry on Wednesday with Mkhwebane answering questions on matters she has already been led by Mpofu on Bosasa and the so-called SARS unit.
He warned that should Mkhwebane be of the view that Mpofu will only be briefed once all issues in Chaane’s letter were clarified, then it would mean that should the decision be taken that the committee proceeds, the evidence leaders and MPs would ask her questions in the absence of her legal representatives.
Cape Times