Africa-Press – South-Africa. Suspended Public Protector Busisiwe Mkhwebane missed two deadlines set down in the inquiry into her fitness for office, but she did raise objections to the committee’s process and indicated that she would bring another application for Section 194 committee chairperson Qubudile Dyantyi’s recusal.
In a statement released on Friday afternoon, Dyantyi said Mkhwebane was due to notify the committee by Monday whether she would be responding to questions in writing or orally.
Mkhwebane was also granted another opportunity to submit any additional affidavits or documentation in support of Part B of her statement to the committee by Thursday.
Neither was forthcoming.
After Mkhwebane showed up without legal representation at the committee for the umpteenth time on 9 June, when the committee was scheduled to hear her evidence, the committee had to chart a new path forward.
The committee resolved unanimously that its members and evidence leaders would submit written questions to Mkhwebane, which she could answer in writing or orally if she so chose. She would also get the opportunity to present further statements to the committee.
If she does not answer these questions, the committee will proceed to determine whether she showed misconduct or incompetence warranting her removal based on the evidence already before it.
The members had to submit their questions on Wednesday, and the evidence leaders on Sunday.
Dyantyi said the committee has also noted further correspondence by Mkhwebane in which she makes several demands in respect of further handling of the process.
This includes issues relating to legal representation, insufficiency of the additional R4 million made available to her and her indication that she intends moving a recusal application for Dyantyi.
Mkhwebane last testified on 31 March. This was because Mkhwebane didn’t brief her legal team beyond this date after acting Public Protector Kholeka Gcaleka indicated that the office could no longer foot Mkhwebane’s ballooning legal costs in the new financial year, starting 1 April.
Mkhwebane insisted that the state should pay.
This issue was resolved at the start of May after the Office of the Public Protector (PPSA) found R4 million for Mkhwebane.
The next hurdles were then finding attorneys that could brief Mkhwebane’s counsel. Mkhwebane wanted Seanego Attorneys to be reappointed, but they declined due to “professional reasons” that neither they nor Mkhwebane would disclose.
Hope Chaane, Mkhwebane’s second choice was then appointed. Mkhwebane’s testimony was then set to resume on 6 June. On 5 June, Chaane asked for a postponement, which was declined. He fell ill later that evening and was hospitalised, and booked off “indefinitely”, while nobody else at Chaane Attorneys could represent Mkhwebane. Mkhwebane wanted the proceedings postponed until Chaane recovered.
The State Attorney withdrew Chaane’s appointment and would then represent Mkhwebane. Despite stating three days earlier that the State Attorneys could brief her counsel, Mkhwebane refused to be represented by them on 9 June.
Dyantyi noted that Chaane Attorneys are now back on board.
“Communicating via her attorneys of record, she indicated that until such time as her attorneys are given time to familiarise themselves with the record and the issue of who will bear the responsibility to pay any additional legal costs is attended to, counsel cannot be briefed to deal with the merits of the motion,” reads his statement.
“She indicated that no progress can be made on this matter and she stated that the timelines are unrealistic. Chaane Attorneys further communicated that Adv Mkhwebane was never requested to make an input on the substance of the deadlines and the deadlines are not enforceable.”
In his response to Mkhwebane, Dyantyi indicated that it appears that, despite the efforts of the Office of the Public Protector, the Solicitor-General, the State Attorney in Pretoria, and the committee to secure legal assistance for Mkhwebane, neither she nor Chaane Attorneys appear to be willing to take the necessary steps to brief the counsel to deal with the outstanding merits of the impeachment inquiry.
Dyantyi stated that it is “mischievous and egregious to complain about the insufficiency of the further R4 million provided by the PPSA when no efforts have been made to reduce expenditure and, quite to the contrary, it appears that wasteful costs are incurred in the form of perusal fees in circumstances where such is unnecessary as her counsel is steeped in the matter”.
He added that there is no evidence presented that demonstrates that this substantial amount is insufficient to complete the programme.
“I must reiterate that one cannot lose sight of the fact that the R4 million must be viewed in the broader context of the significant amounts already made available to your client in this matter and bearing in mind that the enquiry is now at the tail-end.
Dyantyi wrote to Chaane:
Dyantyi said the committee’s programme will continue as previously indicated, and Mkhwebane can expect written questions on Sunday.
“She is once again urged to ensure that she avails the necessary resources at her disposal to assist her. The committee will be continuing with its proceedings irrespective of your client’s stance. The participation of your client is therefore strongly encouraged, but I cannot reasonably be expected to make any more efforts to assist your client to participate beyond what I have already done. I have no control over how she exercises her choice in the instructions to her legal team. If she has not given such instructions that is entirely her decision.”
Dyantyi said he would consider Mkhwebane’s application for his recusal when it is submitted. Mkhwebane insists on Dyantyi’s recusal after her husband alleged that the late ANC MP Tina Joemat-Pettersson solicited bribes on behalf of herself, Dyantyi and ANC chief whip Pemmy Majodina to make the inquiry go away. Dyantyi and Majodina deny the allegations.
Mkhwebane’s term of office ends on 14 October.
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