‘Uncharted waters’ – Experts divided on whether Dyantyi should stay or go
'Seeing that this is a precedent-setting case this process must be fair, free from corruption and must be beyond reproach.'
Suspended public protector Busisiwe Mkhwebane. Picture: Neil McCartney
As pressure mounts on section 194 inquiry chair Qubudile Dyantyi – implicated in a bribery scandal with ANC chief whip Pemmy Majodina – to recuse himself from the parliamentary hearings into the fitness of suspended public protector Busisiwe Mkhwebane to hold office, a leading political expert warns of the ramifications if the allegations are proven true.
The hearings resume today and some opposition parties – the Economic Freedom Fighters, United Democratic Movement and the African Transformation Movement (ATM) – are endorsing a call for the recordings and WhatsApp exchanges between late ANC MP Tina Joemat-Pettersson and Mkhwebane’s husband, David Skosana, to be shared during proceedings.
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But the ANC and the Democratic Alliance have united in rubbishing the evidence as “hearsay”.
WhatsApp messages have allegedly revealed how Joemat-Pettersson acted as an intermediary in the R600 000 bribery scandal involving her, Dyantyi and Majodina in a plot to extort money from the Mkhwebanes for a favourable ruling after the hearings.
‘Better’ for Dyantyi to recuse himself
University of Pretoria politics lecturer Roland Henwood said it would be “better for the chair and other implicated MPs” to recuse themselves.
“Especially if the chair is involved as alleged, as it will impact negatively on the work of the committee.
“However, if it is rumours and an attempt to derail the work of the committee, there will be no value in the recusal of the chair and other members.”
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Henwood added: “All this is dependent on the facts of the matter. If the committee focuses on its mandate and delivers within the principles of the mandate, it may not lead to such an outcome.
“The problem is that there have been continuous attempts to undermine and delegitimise the proceedings of the committee – and this also clouds the issue at this stage.”
‘Difficult to say’
Sanusha Naidu, senior research associate with the Institute for Global Dialogue, said: “It is difficult to say Dyantyi should simply recuse himself. We need seriousness to investigate the claims that are made.
“But if claims are made in a mischievous manner, those behind them should be held accountable. It may depend on the committee’s terms of reference – a litmus test of an unprecedented approach because we have not had this before.
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“This is uncharted waters – allegations that have to be proven. This is a very fluid situation that has to involve the speaker of the National Assembly and Majodina.
“Dealing with the integrity of parliament and its committee means we are entering an era so disturbing for our democracy.”
‘Lack of action by parliament’
Meanwhile, ATM leader Vuyo Zungula has written to National Assembly Speaker Nosiviwe Mapisa-Nqakula, requesting her urgent intervention in the bribery scandal.
“In light of recent corruption and bribery allegations against the chair of the section 194 ad hoc committee into [suspended] public protector Mkhwebane’s fitness to hold office, I am requesting your urgent intervention – all in an attempt to uphold the integrity of the work of parliament,” Zungula said in the letter.
“Seeing that this is a precedent-setting case – the first inquiry done by parliament to determine fitness to hold office by a head of a Chapter 9 institution – this process must be fair, free from corruption and must be beyond reproach.
READ MORE: Mkhwebane extortion claims could open final committee report to legal challenge
“The case that has been opened with the police implicates the chair, who plays an integral part in the proceedings of the inquiry.
“The case that has been opened has a direct bearing on the processes and outcomes of this committee. Evidence was also submitted in support of the allegations levelled against the three MPs.
“Lack of action by parliament, in the light of the opened case, will taint the reputation and objectivity of this institution.
“Parliament should, at the very least, be seen not to tolerate impropriety of any kind – let alone allegations of bribery.”
– brians@citizen.co.za
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