Africa-Press – South-Africa. National Assembly Speaker Nosiviwe Mapisa-Nqakula says she is “mad” with the Section 194 Committee inquiring into Public Protector Busisiwe Mkhwebane’s fitness for office for not having completed its work by now.
Responding to the debate on Parliament’s budget, Mapisa-Nqakula said before future Section 194 committees conducted their inquiries, they must first agree on the issue of costs and the timeframe that would be followed.
She also wants the committee to present a preliminary report to the National Assembly.
Mapisa-Nqakula added chair of chairs Cedric Frolick wrote to committee chairperson Qubudile Dyantyi in this regard, and his response on the way forward was awaited.
She said: “If anything, I’m mad that the committee has not concluded its business”
“It is a fact that the costs of the Section 194 inquiry have seriously escalated.”
The Section 194 Committee started with hearings to determine whether Mkhwebane is guilty of misconduct or incompetence warranting her removal since last July.
Mkhwebane, whose term of office expires in October, has engaged in a war of attrition with the national legislature.
This included protracted legislation, before and during the inquiry, which necessitated postponements, unsuccessful applications for the recusal of committee chairperson Qubudile Dyantyi, DA MP Kevin Mileham and the evidence leaders, calling irrelevant witnesses and filibustering by her advocate, Dali Mpofu SC.
This meant the process, which was initially scheduled to be completed by September last year, with R4.5 million as Mkhwebane’s legal costs, is ongoing, and her legal costs have ballooned to R30 million.
The latest impasse, which saw the hearings grind to a halt on 31 March, came about after the Office of the Public Protector indicated it could no longer fund Mkhwebane’s burgeoning legal costs.
She insisted the state should pay her legal costs.
After the Office of the Public Protector, through consultations with National Treasury and Parliament, availed R4 million from its retained surplus for the 2021/22 financial year, Mkhwebane said she could not appoint attorneys.
The Solicitor-General has since appointed attorneys on her behalf, who will brief Mpofu.
But the saga had another twist.
On Monday, The Star reported Mkhwebane’s husband, David Skosana, had laid a complaint at the police, alleging ANC MP Tina Joemat-Pettersson had solicited a bribe on behalf of herself, Dyantyi and ANC chief whip Pemmy Majodina.
The allegations were publicly denied.
Participating in Tuesday’s debate, IFP chief whip Narend Singh said he was concerned about developments at the inquiry, and they could not allow the issue of finances to put an end to its work.
He added the “issue doing the rounds in the newspapers” – the allegations against the three MPs – should be investigated.
FF Plus chief whip Corné Mulder, who is a member of the committee, said the “historic” proceedings have been going on for more than six months.
He added finance should not be Parliament’s problem, and the Constitutional Court could not have meant she should have the most expensive legal representation.
“Somebody should give her the number for the Legal Aid Board,” Mulder said. “We cannot allow Parliament to be held ransom.”
On the allegations against the MPs, he added: “I personally believe it is a further delaying tactic. We mustn’t entertain it.”
Frolick agreed the budget should not collapse the process, saying they would look at the perimeters going forward.
On the allegations, he said the police were investigating, and any person aggrieved should file a complaint with the Joint Committee on Ethics and Members’ Interests through the Office of the Registrar.
This has also been Mapisa-Nqakula’s advice to Mkhwebane.
It is still unknown when the inquiry will resume.
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