Africa-Press – South-Africa. Despite continued obstructionist tactics, the Section 194 committee inquiring into suspended Public Protector Busisiwe Mkhwebane’s fitness for office continues with its programme and sent written questions to Mkhwebane on Sunday, which she must answer by 6 July.
If she does not answer these questions, the committee will consider the evidence already before it in determining whether Mkhwebane is guilty of misconduct or incompetence warranting her removal.
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.
On Friday, committee chairperson Qubudile Dyantyi said Mkhwebane missed both deadlines to indicate whether she would respond in writing or orally, and there was no indication whether she would submit further evidence before the committee.
Members had until Wednesday to submit their questions, and the evidence leaders, advocates Nazreen Bawa SC, and Ncumisa Mayosi, until Sunday.
According to a statement from Dyantyi on Monday, the evidence leaders met their deadline. As did the members, albeit some members didn’t submit questions.
“Whilst all members were invited to submit questions, not all members availed themselves of the opportunity to do so. Written questions by members of the committee, who wished to do so, was due by 21 June 2023. The deadline for evidence leaders to provide questions was yesterday, which they met,” said Dyantyi.
Twelve members from five political parties submitted questions.
“As previously indicated, if she does not respond to the questions, the committee reserves the right to continue with its remaining programme.”
According to Dyantyi, the questions concerned both Part A and Part B of Mkhwebane’s statement to the committee.
Dyantyi reiterated that the secretariat and evidence leaders would make themselves available to assist Mkhwebane and her team in locating any record she may require for the purpose of responding.
Dyantyi said that there has been and remains no denial of access to legal assistance for Mkhwebane, and there is, therefore, no impediment preventing the answering of the written questions.
Dyantyi reminded Mkhwebane that her legal representatives could not answer questions on her behalf and the subject matter of the motion lies within her personal knowledge. Furthermore, the questions are in written form and are to be answered in writing rather than orally in hearings, as she has not made herself available to respond orally.
“Accordingly, the role of counsel will be more limited (and that of the attorney even more so) than one would expect in an oral hearing,” reads the statement.
The delays which saw Mkhwebane last testify before the committee were caused by her legal costs and representation. After the costs were resolved in May after the Office of the Public Protector availed an additional R4 million, the issue was finding attorneys to brief Mkhwebane’s counsel.
Eventually, Chaane Attorneys were appointed for the second time.
“While her attorney of record indicated that the new timelines are ‘irrelevant, meaningless and of no legal force and effect’ they confirmed they will be issuing a limited brief to counsel for the purpose of bringing a recusal application against the chairperson. Dyantyi has confirmed he will deal with this when it is submitted,” reads the statement.
The committee intends to complete its work by 28 July.
Mkhwebane’s term of office ends on 14 October.
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