Court dismisses Mkhwebane’s application to recuse Section 194 Inquiry chair, DA MP

The Western Cape High Court has dismissed with costs suspended Public Protector Busisiwe Mkhwebane’s application to have the chairperson of Parliament’s Section 194 Committee recused from chairing her impeachment hearing.

Section 194 Inquiry

Mkhwebane had approached the high court to set aside committee chairperson Qubudile Dyantyi’s decision not to recuse himself from the inquiry as well as Democratic Alliance (DA) MP Kevin Mileham.

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Mkhwebane claimed that Dyantyi had been biased against her and Mileham was conflicted from taking part in the proceedings because his wife, DA MP Natasha Mazzone, had brought the motion for the inquiry to be established into her fitness to hold office.

However, the full bench of the high court dismissed her application. It issued a punitive costs order against the suspended public protector. However, she must pay Dyantyi and the DA’s legal costs.

“The application is dismissed with costs, including the costs of three counsel for the first respondent where so employed, as well as the costs of counsel for the second respondent and Democratic Alliance as one of the fifth respondents,” read the judgment from the court.

The court further ruled that Mkhwebane had “not shown the existence of grave injustice or that any harm which have been suffered by her will be material and irreversible if the committee is permitted to proceed with its task”.

Arguments in the case were heard in February and March.

Dyantyi’s answering affidavit

Dyantyi, in his answering affidavit, requested the court to dismiss Mkhwebane’s application and compel her to pay the cost of three counsels, in her personal capacity.

Dyantyi labelled Mkhwebane’s application as an attempt to attack interlocutory rulings he and the committee have issued, saying this was one of a series of court challenges the suspended public protector used to stymie the parliamentary process to hold her accountable.

On setting aside the review application, he argued the committee had the authority, under Section 57 of the Constitution, to proceed with the inquiry, having dismissed Mkhwebane’s application for the chairperson’s recusal.

Dyantyi warned that further delays in finalising the inquiry process, whether it leads to Mkhwebane’s impeachment or vindication, goes against the public interest.

He emphasised the urgency to finalise the proceedings before the Public Protector’s term of office expires in October 2023.

Additional reporting by Narissa Subramoney

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