Mkhwebane ‘booked off’ sick as Section 194 Inquiry delayed amid funding concerns

The Section 194 Inquiry could not hear evidence from suspended Public Protector Busisiwe Mkhwebane due to her unavailability.

Mkhwebane was expected to continue with her testimony on Thursday, however, it was revealed that the Public Protector has been booked off until next Tuesday because she has fallen ill.

“Please, but urgently inform the chairperson that I am booked off from today, 22 March, until 27 March. I will unfortunately not be able to attend the hearing. I will be able to attend on 28 March. I will share the sick note if needed,” her email sent to the Section 194 Committee read.

‘Speedy recovery’

The committee’s chairperson Qubudile Dyantyi confirmed that he asked and received Mkhwebane’s medical certificate.

“I will not share the details in this meeting,” he said, adding that “nothing can happen until she’s able to come [and testify]”.

Dyantyi indicated that the committee would be forced to revise its programme due to the days lost since Mkhwebane started testifying last week.

ALSO READ: ‘No one called me’: Mkhwebane says she found out about her suspension on TV

The inquiry did not conduct the impeachment hearings last Friday as well as on Monday, Tuesday and Wednesday this week.

Deliberating on the matter, African National Congress (ANC) MP Jane Mananiso said the committee must accept Mkhwebane’s absence, while her fellow party member, Doris Dlakude, wished the Public Protector “a speedy recovery”.

Democratic Alliance (DA) MP Kevin Mileham asked whether it would not be possible for Mkhwebane’s lawyers and evidence leaders to make their closing arguments in writing given the time constraints.

“I think it would go a long way in speeding the process and make sure we are all on the same page when it comes to what exactly those arguments are,” Mileham said.

Revised programme

According to the committee’s draft programme, the inquiry will resume on 28 to 31 March, for Mkhwebane to conclude giving her oral evidence before being cross-examined by the evidence leaders from 3 to 6 April and again on 11 April.

Mkhwebane will then be questioned by members of the inquiry from 12 to 14 April, thereafter, closing arguments will be heard from 18 to 21 April.

The committee aims to table its draft report on the inquiry hearings on 8 May, before adopting a final report on 29 May.

Dyantyi noted the revised programme has “serious” implications on the committee’s work.

“With days taken out of what we had already planned, therefore, means that this committee is not going to have recess,” he said.

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The committee chairperson also raised concern over the funding for Mkhwebane’s legal fees.

“It’s a serious implication because as we extend the programme, how does it get assisted in that regard. The third implication is that this has necessitated that we now have a prolonged process than we anticipated. The timelines have got to be relooked,” Dyantyi said.

The Public Protector’s office previously informed Mkhwebane that the Chapter 9 Institution can only pay her legal team until 31 March.

Last month, acting public protector Kholeka Gcaleka told Parliament that the impeachment inquiry was swallowing up the office’s limited budget.

The institution also pointed out the Public Protector’s right to having lawyers at the inquiry did not mean the office was liable to pay the legal fees.

Funding risk

ANC Bheki Nkosi said the committee cannot get involved in the funding of Mkhwebane’s legal fees.

“My suggestion is that we leave this to the [Public Protector’s office] and [Mkhwebane] that she negotiates with them all options available,” Nkosi said.

Dlakude raised concern about the committee continuing to stretch its programme.

She supported the suggestion that the evidence leaders and Mkhwebane’s legal team provide heads of arguments to “minimise” the time on the programme.

“Since this process has started, we have eaten our constituency work. We must try to balance the constituency work and parliamentary work. Other committees are suffering because we have to leave them to attend to this one,” she said.

READ: Mkhwebane says her troubles started when she went after ‘the untouchables’

Another ANC MP Gijimani Skosana suggested that the funding issue be taken to the National Assembly Speaker Nosiviwe Mapisa-Nqakula’s office and the Department of Justice.

“This thing is having an impact on us because the ruling of the Constitutional Court says the Public Protector has the right to legal representation and [her office] has been funding this particular process,” he said.

Skosana warned that Mkhwebane could go to court if the funding stopped and her legal team withdraws from representing her at the inquiry.

GOOD MP Brett Herron also complained the revised programme does not allow any other committee or constituency work.

“I agree that we must conclude this process as soon as we can, but I do think we must find some balance,” Herron said.

“It feels like we are chasing a race that doesn’t have an end.”

Watch meeting below:

In his response to the deliberations, Dyantyi said the committee must balance time with quality.

“We are faced with particular tasks we need to do. We must ensure that we have to do things with less time, but we must still do it with the same quality that the committee would be known for.”

On the issue of funding, the committee chairperson said the matter “can’t be wished away”.

“We are the last people that could put the PPSA (Public Protector South Africa) in an unfunded expenditure and we should avoid that,” Dyantyi continued.

He agreed that the committee must seek assistance from the Speaker and the Department of Justice.

Dyantyi further told the committee that only relevant witnesses will be called after Mkhwebane’s evidence, however, they will provide written statements rather than testifying in person.

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