Advocate Winston Erasmus has filed another salvo at embattled chairperson of the Section 194 inquiry, Richard Dyantyi, following last week’s letter to Western Cape ANC provincial leader Neville Delport.
This comes after Erasmus revealed to Delport an alleged central figure role Dyantyi allegedly played in trying to get ATM (African Transformation Movement) deregistered from the Independent Electoral Commission (IEC)
Last week following these revelations, the ATM said it was weighing its options regarding attempts to get the party de-registered by the IEC.
In a letter dated August 18 and addressed to National Assembly Speaker, Nosiviwe Mapisa-Nqakula, Erasmus gives Dyantyi until August 25 to recuse himself from the Section 194 inquiry which found advocate Busisiwe Mkhwebane unfit to hold office.
The letter prepared by Ward Brink Attorneys demands that Dyantyi be sanctioned for bias against Mkhwebane after it was revealed to him that Dyantyi worked under President Cyril Ramaphosa as CR7 campaign manager and due to his involvement might have been prejudiced against Mkhwebane.
“Our client submitted a reconsideration application for the chairperson’s decision refusing his recusal on August 1. Our client levelled three grounds of recusal.
“However, Dyantyi responded on August 2 stating that he will not revisit his decision to recuse himself. He further states that he reserves his right to deal with the content of our client’s letter at a later stage if necessary,” the lawyers say.
According to Erasmus, Dyantyi’s participation in the inquiry negatively affected and prejudiced Mkhwebane who has since lost on her job after she was suspended by President Cyril Ramaphosa in June 2022.
This comes after Mkhwebane sent Ramaphosa 21 questions in relation to his involvement in the Phala Phala farm scandal.
It has been reported that Mkhwebane’s suspension was retaliatory in nature as she was investigating Ramaphosa who in turn appointed Dyantyi as the chairperson of the inquiry in a bid to find her guilty regardless of the processes.
“The crux of the case is that the participation of Dyantyi as a panel member and its chairperson, offended Mkhwebane’s right to a fair and just administrative process.
“It will be argued that the entire process should be impeached on the basis it was devoid of fairness and that if conducted on the basis that the panel refused to declare the chair vacant, would offend Mkhwebane’s right to a fair administrative process and would furthermore offend natural justice and was akin to subjecting Mkhwebane to a kangaroo court.
“This is so since Mkhwebane found that Ramaphosa misled Parliament labour the donation he received from Bosasa, made negative finding about the CR7 campaign funds and decided to investigate him over the Phala Phala break-in/undeclared foreign currency in his possession,” Erasmus said through his lawyers.
Consequently, Erasmus has requested Dyantyi to respond in writing to his request for his recusal.
“We are therefore, instructed to demand Dyantyi in writing respond to our client’s grounds of recusal, suspend the continuation of Section 194 committee, determine whether Dyantyi’s reasonable apprehension of bias has contaminated the Section 194 committee, provide for the lawful termination of Section 194 committee due to Dyantyi’s participation. Our client requires that you meet his demands as set out in paragraph 13 above by no later than close of business on August 25,” Erasmus said.
Attempts to get comments from Dyantyi proved unsuccessful at the time of going to print, but last week Dyantyi said he had already responded to Erasmus’ allegations and would no longer entertain rumours from him.
“Mr Erasmus has been responded to. And I have no time to entertain rumour-mongering sideshows,” he said.