Mkhwebane inquiry: Mpofu says Section 194 chair’s letter ‘a misrepresentation, full of lies’

A marathon war of words, a witness sworn in without a written affidavit and the chair of the Section 194 committee accused of “playing a bully boy” who has “disrespected Public Protector Busisiwe Mkhwebane and her legal team”, on Thursday marked the proceedings of an inquiry into her fitness to hold office.

At the core of what sparked intense arguments and a delay in the testimony of witness Bianca Mvuyana was a letter sent on Wednesday by committee chair Qubudile Dyantyi to Mkhwebane which her legal team, headed by advocate Dali Mpofu, described as “disrespectful”, “full of lies” and “a misrepresentation”.

In part of the letter, Dyantyi wrote to Mkhwebane: “On Saturday, 11 February, advocate Mpofu indicated to advocate Nazreen Bawa that he was willing to proceed, but could not speak in respect of his juniors with whom he was meeting later in the day.

“Your attorneys of record, Seanego Incorporation, failed to communicate with the committee despite confirming on Friday, 10 February that they were still on brief when asked by the secretariat who, in that correspondence, again reminded Mr Seanego that Ms Mvuyana was scheduled to appear on Monday.

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“I ruled that the hearings will continue today based on the fact that a significant portion of the monies had been paid and that the Public Protector SA [PPSA] could not be compelled to pay disputed invoices until due process had been followed.

“In addition, I took into account that your team would now have two days in which to consult with Ms Mvuyana and that she was willing to avail herself. In respect of that, I note, however, that a subpoenaed witness cannot be compelled to consult with you.

“The fact that you do not know what she may say or not say cannot be an issue when it is you who wished to put questions to her in the first place, clearly being well aware of what you sought to ask her.”

In his response, an angry Mpofu lambasted Dyantyi and committee evidence leaders, describing the contents of the letter as representing “a blue lie”.

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“I am raising an objection to something which is preliminary to any interaction because it is a very serious matter,” said Mpofu.

“If it was you who was insulted, like in what happened in this letter, then you would understand it has to be addressed upfront.

“I think it is fair to address the matter because the letter is very distorted, insulting and very concerning,” said Mpofu.

“If you signed such a letter, one wonders whether you understood what it meant, because it is very insulting.

“My last word, was that I would give instructions to the legal team as soon as all the monies are paid. I also indicated that they will consult with the witness.

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“There are a lot of false statements in the letter. Unfortunately, I cannot just shelve it and only respond in writing. It seems as if you are taking what the PPSA is saying, more than what I am telling you transpired.”