Section 194 Inquiry: Mkhwebane faces the axe

Recommending her removal after a marathon of deliberations and oral evidence of 25 witnesses – the Section 194 inquiry probing suspended public protector (PP) Busisiwe Mkhwebane’s fitness to hold office yesterday adopted damning findings against her.

The committee for Section 194 found that Mkhwebane’s tenure was marked by misconduct and incompetence.

This, as Economic Freedom Fighters (EFF) MP Omphile Maotwe expressed outrage at the decision.

READ: Section 194 Inquiry agrees on Mkhwebane’s removal, EFF hints at taking report on review

She threatened that the party would take the committee report and recommendations on review on the grounds that Mkhwebane was “not afforded legal representation”, and that the outcome was “premature”.

Among key findings adopted by the committee, the draft report found that Mkhwebane:

• Deliberately sought to avoid making findings against or directing remedial action in respect of certain public officials; and.
• Failed to conduct her investigations and make decisions in a manner ensuring independence and impartiality.

According to committee chair Qubudile Dyantyi, Mkhwebane would today be asked to prepare a response to the draft report, with her response incorporated before tabling it to the National Assembly within seven to 10 days.

Reflecting on their work, Dyantyi said the parliamentary committee’s legal advisory team considered “minority dissenting voices” from the Good Party, EFF and Al Jama-ah.

“Al Jama-ah repeated its stance today of not supporting the removal of the public protector and that was noted – in what has gone down as a transparent process,” he said.

“During proceedings leading up to the adoption of the draft report, the Good Party had an opportunity to express a different view or a misunderstanding on a particular matter. We have noted the view of the EFF through its MP Omphile Maotwe, that the adoption of the report is premature and that we are involved in a frivolous exercise in a rushed report.

“This is despite the process having taken a year and a half. The EFF reserves the right to take the concluded report on review.

“We note that as a matter that cannot be wished away, because it was raised here and articulated by the EFF.”

Dyantyi said the majority of committee members wanted to recommend the removal of Mkhwebane – based on the work done, supported by “very concrete” evidence with facts.

“The committee was able to establish evidence, which sustains the misconduct and incompetence charges – whether it was on the Vrede, CR17 (Cyril Ramaphosa’s 2017 ANC presidential campaign) or Sars (SA Revenue Service) matters.

“It was very clear there were areas where the committee deliberated on issues and made firm conclusions on the PP’s misconduct and incompetence,” he said Dyantyi said the decision was subject to “giving the last audit latter to the PP this Saturday – to comment on the adopted draft report – then awaiting what comments she makes and put those into the report”.

He said thereafter, they will proceed to table the report to the National Assembly Asked for comment, Mkhwebane referred Saturday Citizen to a letter she wrote to Dyantyi and State Attorney Isaac Chowe on legal representation.

“This letter serves to call upon Mr Chowe to please, yet again, explain to the chair and the committee that I have raised issue of conflict of interest – and as state attorney, cannot extend any brief to the counsel on my behalf, due to this fact,” she wrote.

“On 9 June, 2023, Mr Chowe eloquently explained to the chair and the committee that we would be violating provisions of the Legal Practice Act by continuing to represent me, where a conflict of interest has been raised.

“I note that the chair and the committee is (sic) deliberately turning a blind eye to this fact – in order to pursue their agenda of fast-tracking their predetermined outcome.”

Mkhwebane said she intended to report the involvement of the state attorney to the Legal Practice Council.