Parliament to work during break to find new public protector as Mkhwebane wants to keep Mpofu

A parliamentary committee will be established to handle the process of finding Public Protector Busisiwe Mkhwebane’s successor.

Parliament has limited time to select a suitable candidate for the public protector position as Mkhwebane’s seven-year term in office ends in October.

Furthermore, the National Assembly will go on an extended constituency period from 18 June to 31 August.

Ad hoc committee

In a National Assembly Programming Committee meeting on Thursday, it was revealed that political parties have since come to a consensus on how they wanted to conduct the selection process.

Two proposals were on the table including an ad hoc committee consisting of 11 members, or an ad hoc committee consisting of 11 voting members and 14 non-voting members.

The inclusion of 14 more non-voting members was to allow smaller parties to participate in the process and this is the option parties have decided to go with.

The ad hoc committee will officially be established in the National Assembly on Thursday.

It will be tasked to finish its work on 31 August.

ALSO READ: Mkhwebane inquiry: Future public protectors will worry about being impeached – witness

“That ad hoc committee to appoint the public protector will have to meet during the constituency period,” Parliament’s chairperson of committees, Cedric Frolick told MPs.

According to the Public Protector Act, the public protector must be a South African citizen “who is a fit and proper person to hold such office”, and who is one of the following:

• A judge of a High Court.
• An admitted advocate or an attorney who has, for a cumulative period of at least 10 years after having been so admitted, practised as an advocate or an attorney.
• Is qualified to be admitted as an advocate or an attorney and has, for a cumulative period of at least 10 years after having so qualified, lectured in law at a university.
• Has specialised knowledge of or experience, for a cumulative period of at least 10 years, in the administration of justice, public administration or public finance.
• Has, for a cumulative period of at least 10 years, been a member of Parliament.
• Has acquired any combination of experience mentioned above for a cumulative period of at least 10 years.

Section 194 Inquiry

Parliament’s legal advisor Advocate Zuraya Adhikarie confirmed that the Office of the State Attorney has found new instructing attorneys for Mkhwebane so the Section 194 inquiry can resume.

“The [Solicitor-General Fhedzisani Pandelani] has secured the services of a new legal firm of attorneys to brief counsel,” she said during the Programming Committee meeting on Thursday.

Adhikarie indicated that the public protector expressed her desire to retain Advocate Dali Mpofu as part of her legal representation.

“The new briefing team is now on board because her previous lawyers have withdrawn.”

READ MORE: Section 194 Inquiry at risk of collapsing after Parliament refuses to pay Mkhwebane’s legal fees

Last week, the Section 194 Committee decided to put Mkhwebane’s impeachment inquiry on hold so she can find new lawyers.

The committee was informed on 17 May that Seanego Attorneys will no longer act on behalf of Mkhwebane due to “professional reasons” and as a result, the state attorney’ office was approached to find out whether legal services can be provided to the public protector.

The Section 194 Inquiry was ground to a halt last month, due to an impasse about the funding of Mkhwebane’s legal representation.

Nearly three months ago, acting Public Protector Kholeka Gcaleka wrote to the committee indicating that that the office would not be able to fund Mkhwebane’s legal team beyond 31 March as it had already spent R30 million.

While Mkhwebane’s testimony at the inquiry was delayed, the Public Protector’s Office has since made R4 million from its retained surplus funds in the 2021/2022 financial year available to pay her legal costs.

But the suspended public protector has insisted that the R4 million was “unrealistic and absurd” and has since lodged a Constitutional Court (ConCourt) challenge in regards to the funding of her lawyers.

RELATED: Section 194 Inquiry: Mkhwebane says her lawyers haven’t expressed willingness to work for free

Meanwhile, Frolick said on Thursday that the inquiry needed to be concluded.

“The process must now reach its finality. It’s almost as if it is a process that just continues, gathering its own momentum and it doesn’t reflect very well on how the entire process will ultimately be brought to its logical conclusion. There are huge costs involving doing all of this,” he said.

Earlier, committee section manager, Nomvula Giba, had revealed that the Section 194 Committee had intended to revise its programme following delays.

“They will update and advise us as to – by when do they intend to finish their work,” she said.