Cape Town - The inquiry into the fitness of Public Protector Busisiwe Mkhwebane to hold office faces yet more challenges as it prepares to resume on Friday, with Mkhwebane to be asked questions on evidence that has been led so far.
It emerged on Wednesday that Mkhwebane’s attorney of record, Hope Chaane of Chaane Attorneys, has been admitted to hospital before briefing senior counsel advocate Dali Mpofu.
Now, the solicitor-general has terminated Chaane’s mandate and will take over the briefing mandate.
This is a move that has been accepted by the Public Protector South Africa.
This turn of events took place as the inquiry postponed its hearing on Wednesday in order to proceed with the posing of questions to Mkhwebane on the evidence already led on Bosasa and the so-called SA Revenue Service “rogue” unit.
This is despite calls made to inquiry chairperson Qubudile Dyantyi to recuse himself following allegations that implicated him, ANC chief whip Pemmy Majodina and the late Tina Joemat-Pettersson in soliciting a bribe from Mkhwebane’s husband.
The EFF, UDM and ATM wanted Dyantyi to recuse himself, while the ANC, DA, IFP, African Christian Democratic Party and Freedom Front Plus disagreed.
After a long discussion during Wednesday’s proceedings, Dyantyi ruled that they would resume with questions to Mkhwebane, on Friday as agreed last Friday.
“If there is any planned recusal application anyone wishes to make, that we will be welcomed and has to be submitted in writing on Friday at 1pm and we will respond on Monday,” he said.
Dyantyi said the onus was on Mkhwebane to make the application and there was no obligation on the committee if she elected not to do so.
He noted that the solicitor-general had taken up that mandate of Chaane to brief Mpofu.
“There is to be a process to conclude on this issue of briefing of the senior counsel.
“How long it takes should not be difficult and a complicated process.”
Mkhwebane said she was shocked that Public Protector South Africa and the solicitor-general had decided that they were terminating Chaane’s mandate.
“My attorney is in the hospital and the mandate of the attorney has been terminated. I don’t know what that says,” she said.
Mkhwebane indicated that she could not move the application without legal representation as Mpofu was still to be briefed.
“I won't be able to meet the Friday deadline,” Mkhwebane said.
Her attempts to elaborate on a statement in her letter dismissing the assertion by Dyantyi that the bribery allegations were hearsay was shot down when it was ruled that the inquiry was not the appropriate platform to consider it.
UDM leader Bantu Holomisa asked that a letter be written to the National Assembly Speaker informing her of alleged attempts to extort Mkhwebane’s husband.
“You should request the Speaker to ask the police as to whether there is any substance to what has been reported to the police so that we remove this dark cloud hanging over this committee,” Holomisa said.
“Some of us will have a difficulty where the chairperson is associated allegedly with those nefarious things,” he added.
ATM leader Vuyo Zungula asked that they discuss the bribery and extortion allegations at their next meeting, including the purported WhatsApp messages and audio recordings.
“We need evidence before us and make a determination,” Zungula said.
EFF leader Julius Malema said white supremacy was insensitive when it came to black lives.
“The point being made by the public protector is that her lawyer is fighting for his life and we should not proceed in the absence of her legal representative,” Malema said.
The ANC’s Doris Dlakude said Parliament had processes on how to deal with matters related to the bribery allegations, while DA MP Kevin Mileham expressed concern that some MPs wanted to adjudicate matters on which they had no authority.
IFP MP Zandile Majozi welcomed the ruling that the inquiry resume on Friday, adding that the bribery allegation should be dealt with at the correct platforms.
Freedom Front Plus MP Heloise Denner said there were other platforms available if Mkhwebane was not satisfied with the process.
“We should move forward and continue with the mandate given to us,” Denner said.
Cape Times