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Mkhwebane’s new lawyer hospitalised as public protector again tries to get Section 194 chair removed
Mkhwebane said she finds it 'difficult to appear before' Section 194 Committee chairperson Qubudile Dyantyi.
Suspended public protector Busisiwe Mkhwebane during the inquiry into her fitness to hold office at Parliament on 2 November 2022. Picture: Gallo Images/Brenton Geach
The legal representation of suspended public protector Busisiwe Mkhwebane has once again dominated proceedings of the Section 194 Inquiry, creating uncertainty on whether the process will reach its conclusion before funds run out.
Mkhwebane was due back on the witness stand at the impeachment inquiry into her fitness to hold office on Wednesday following the appointment of new lawyers, Chaane Attorneys, to act of behalf of the public protector.
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The inquiry had been postponed on Monday as Mkhwebane’s legal team wasn’t ready to proceed due to not having enough time prepare.
The public protector decided to retain advocate Dali Mpofu and his two junior counsel as part of her team, which scored a fee increase and will now cost at least R102 000 per day.
While R4 million has been made available by the Public Protector’s Office to cover her legal bills, the Chapter 9 institution has warned that Mkhwebane will have to foot her own bill once this money runs out.
State attorneys
At the beginning of Wednesday’s meeting, Section 194 Committee chairperson Qubudile Dyantyi indicated that he was informed that Mkhwebane’s new lawyer has been “hospitalised”.
He said the state attorneys had taken over in that regard, much to Mkhwebane’s dissatisfaction.
It was revealed during proceedings that Solicitor-General Fhedzisani Pandelani terminated the Chaane Attorneys’ mandate on the instruction of the Public Protector’s Office because of recent developments.
Mkhwebane had explained to the committee in a letter that Advocate Dali Mpofu and his two junior counsel had not been briefed as a result of Advocate Hope Majatladi Chaane’s illness.
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She asked the committee to suspend her testimony until the issues around her legal team was resolved – including the recovery of Chaane.
The suspended public protector, who is entitled to legal representation as per a Constitutional Court (ConCourt) ruling, threatened litigation if the inquiry proceeded with the state attorneys.
“I was so shocked [the Public Protector’s Office] and the solicitor-general went ahead and decided that they are terminating [the mandate] just like that,” Mkhwebane told the committee.
Extortion allegations
Mkhwebane is also seeking to have Dyantyi removed as committee chair yet again, despite the matter being in court.
She wrote to Dyantyi to ask him to recuse himself “out of his own conscience” due to the serious allegations against the chairperson.
“I find it difficult to appear before you as the chairperson,” she said.
Mkhwebane’s husband, David Skosana, has opened a case of extortion against Dyantyi as well as ANC chief whip, Pemmy Majodina and now-deceased former Cabinet minister Tina Joemat-Pettersson.
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The three ANC members have been accused of trying to solicit a bribe from Mkhwebane to make her impeachment inquiry “go away”.
Police are investigating the allegations, while Mkhwebane has since lodged a complaint with Parliament’s Ethics Committee.
On Wednesday, she insisted that there was evidence – including recordings and WhatsApp messages – against Dyantyi.
“I heard the audio and recordings… they will be made available to the committee and the members of the public will hear from themselves where you and Ms Majodina are implicated. The police have been given the recordings,” Mkhwebane said.
Earlier, Dyantyi had emphasised these allegation “did not belong with the committee” as the matter has been “channelled to the proper forums”.
“If the police are investigating these allegations then let’s allow them to do their work. Let’s not try to try and short circuit that,” he said.
Dyantyi also told Mkhwebane to file her recusal application in writing by Friday so he can respond by Monday.
The Economic Freedom Fighters (EFF) supported Dyantyi’s recusal.
Recusal court case
Last week Tuesday, Mkhwebane was granted leave to appeal to Supreme Court of Appeal (SCA) in her case against Dyantyi and Democratic Alliance (DA) MP Kevin Mileham.
A conditional cross-appeal was also granted to Dyantyi in regards to the costs by the Western Cape High Court.
Mkhwebane sought to appeal the high court’s previous ruling, which dismissed her application to have Dyantyi and Mileham recused from her impeachment inquiry.
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