‘Waste of taxpayers’ money’: Deputy public protector interviews to start afresh

The interviewing of candidates for deputy public protector has suffered yet another snag after parliament’s portfolio committee opted to have the process re-done.

Tuesday’s interviews collapsed after Economic Freedom Fighters (EFF) MP Busisiwe Mkhwebane refused to recuse herself when DA MP Glynnis Breytenbach objected to her presence.

A legal opinion sought on Wednesday to determine whether Mkhwebane’s presence affected the process red-flagged her past with two of the candidates.

It further cautioned against possible legal action should the former public protector not withdraw from the interviews.

Candidate was Mkhwebane’s legal representative

The committee pointed to the perception of bias due to the former public protector’s relations with candidates advocates Shadrack Tebeila and Ponatshego Mogaladi.

READ: Mkhwebane’s ‘conflict of interest’ derails deputy public protector search

Mogaladi, an employee in the public protector’s office, was subjected to a disciplinary process by Mkhwebane during her tenure.

The EFF MP eventually dismissed her, but this was overturned by the Labour Court in 2021.

Furthermore, MPs noted that Tebeila is currently representing Mkhwebane pro bono in the African Court on Human and People’s Rights.

“While the committee is not privy to the facts surrounding the case, a cursory Google search reveals that it is related to the Section 194 enquiry.

“In addition, Ms Mogaladi was a witness in the Section 194 Inquiry which led to Honourable Mkhwebane’s removal from office,” the committee said.

Options available for the committee were Mkhwebane’s withdrawal from the process and replacement by another member of her party, or her recusal in respect of the interview portions and deliberations for Tebeila and Mogaladi.

Although the MPs raised concerns about the tight deadline to complete the interviews before the 29 May general elections, they opted to start the interviews afresh.

ALSO READ: ‘I maintain my innocence’ – Nosiviwe Mapisa-Nqakula resigns from Parliament

They further recommended the tightening of parliament rules to provide for a process to compel a member to withdraw should bias and conflict of interests arise.

‘Waste of time and money’

Breytenbach said the ANC majority in the committee “added to the problem” when they refused her warning that continuing with the interviews would lead to a flawed process.

“The interviews would have been fairly conducted had Mkhwebane withdrawn. However, this was not the case, and parliament has now wasted taxpayers’ funds in holding interviews.

“This means that there’ll be further delays in the appointment as the process will have to start afresh.

“All the potential candidates have been inconvenienced. A poor example has been set, which must now be corrected, at a cost by restarting the process,” Breytenbach said.

NOW READ: Fort Hare corruption: Magistrate to recuse herself as suspects want case thrown out