Cape Town – The Section 194 Committee on Tuesday declined a request by suspended Public Protector Busisiwe Mkhwebane to postpone this week’s hearings in order to prepare for her urgent application in the Western Cape High Court.
This happened at a dramatic hearing as tensions ran high between committee chairperson Qubudile Dyantyi and Mkhwebane’s legal counsel, Advocate Dali Mpofu.
The drama started when Mpofu asked to make an application for postponement when the witness Nelisiwe Thejane experienced connectivity problems on the virtual platform.
“I will wait for the witness and then start the meeting,” Dyantyi said.
Mpofu informed the committee that Mkhwebane would not be part of the proceedings because she took ill and was taken to a doctor.
He also said he had written to Dyantyi on Monday asking for a postponement due to an urgent application lodged in the Western Cape High Court, but the request was turned down.
Mkhwebane wants the court to make an exception to Friday’s court ruling that set aside her suspension, which is now subject of an appeal by the DA and President Ramaphosa.
On Saturday, Mpofu indicated to the committee that the urgent matter was likely to be heard on Tuesday following the judgment that found President Cyril Ramaphosa’s decision to suspend Mkhwebane invalid.
He detailed the litigation and the parties that have joined – Ramaphosa, ATM, UDM and PAC - and Deputy Public Protector Kholeka Gcaleka intended to intervene in the matter.
Mpofu said he had worked from 4am in preparing papers in response to Ramaphosa’s affidavit in the matter to be heard on Friday.
He asked that they be given an opportunity to prepare for the case and indicated that he had not prepared for Tuesday’s cross-examination.
“We would really appeal to you that today and tomorrow’s proceedings be not scheduled so that we can attend to this matter,” he added.
Mpofu also detailed how his legal team had been accommodating when the evidence leaders did not meet some of the directives and complete cross-examining within set deadlines.
“We would like to appeal to you and the committee to allow us to attend to the urgent task and find out the extent of the illness of the Public Protector,” he said.
Dyantyi noted that there was no apology for Mkhwebane’s absence and that he regarded her as being absent.
“I hear what you said, and I am not trivialising what you put on record,” he said.
Dyantyi then asked what papers Mpofu was working on for the Friday court day that required him to be excused.
Mpofu said it was shocking Dyantyi was asking him that question.
“I explained that, literally, we have not had sleep for the past three days because this is fast-paced litigation,” he said, adding that various parties have joined in the matter.
“How do you expect me to ask questions and do justice when I did not prepare?” Mpofu asked.
Dyantyi said permission for postponement should be based on evidence.
“I now get the indication that you are not ready for cross-examination,” he said.
After evidence leader Advocate Nazreen Bawa asked whether the request was for Tuesday and Wednesday or indefinitely, Mpofu said he should not be misrepresented.
When Dyantyi asked him to respond to the clarity-seeking question, Mpofu told him that he would regret himself.
“Your day will come,” Mpofu said.
He also told Dyantyi that he was his senior in many ways and that he did not have the right to abuse him.
“You will pay one day,” Mpofu said.
When Dyantyi asked if he was being threatened, Mpofu said it was not just a threat but a promise.
The DA, Freedom Front Plus and ANC raised concerns at the threat, while EFF accused Dyantyi of mistreating Mpofu.
Then the UDM, EFF and ATM asked for the postponement of the hearing.
After a short adjournment, Dyantyi said he granted Mpofu’s request to postpone his cross-examination of Thejane to Wednesday and would be followed by that of Cornelius Van der Merwe.
He then ordered the MPs to ask their questions to Thejane amid protestations from Mpofu, with the EFF, UDM and ATM still asking for postponement and finding a solution to the problem.
When Mpofu later asked if they were excused as they could not participate in the absence of Mkhwebane, Dyantyi said: “It remains your choice what you do.”
Dyantyi would have none of the requests to have the medical certificate flighted on the virtual platform, but Mpofu indicated that they would make it public.
The cross examination of Thejane by MPs is continuing.
Cape Times