Suspended public protector Busisiwe Mkhwebane. Picture: Jacques Nelles
The Section 194 Inquiry will resume on Friday for suspended public protector Busisiwe Mkhwebane to testify on matters related to Bosasa and South African Revenue Service (Sars).
Mkhwebane could not take the witness stand on Wednesday following the revelation that her newly-appointed attorney, Hope Majatladi Chaane, had been hospitalised and as a result, Advocate Dali Mpofu and his two counsel could not be briefed.
The State Attorney will now represent her after Chaane Attorneys’ mandate was terminated by Solicitor-General Fhedzisani Pandelani at the behest of the Public Protector’s Office in light of the new developments.
ALSO READ: Mkhwebane’s new lawyer hospitalised as public protector again tries to get Section 194 chair removed
The impeachment committee also learnt that Mkhwebane wants chairperson Qubudile Dyantyi to recuse himself over allegations that the ANC MP sought to solicit a bribe from the suspended public protector’s husband, David Skosana, on her behalf.
Skosana has opened a case of extortion, while Mkhwebane has since lodged a complaint with Parliament’s Ethics Committee.
Dyantyi suggested that the suspended public protector make a formal application on his recusal by Friday, and that he would respond by 1pm on Monday.
United Democratic Movement (UDM) leader Bantu Holomisa, African Transformation Movement (ATM) leader Vuyo Zungula and Economic Freedom Fighters (EFF) leader Julius Malema have all backed Mkhwebane, urging the committee to address the matter.
“This matter is in the public interest. [We are being accused of wanting to delay this process] as if we were the ones who took this matter to the public, as if we were the ones who solicited a bribe.
“It cannot be correct that when we are sitting in this committee, there are serious allegations that affect the work and integrity of this committee and say we must not discuss it,” Malema said on Wednesday.
RELATED: ‘Section 194 Inquiry won’t be distracted by gossip,’ says ANC MP on Mkhwebane extortion claims
The EFF leader also rejected the inquiry resuming on Friday, saying Mkhwebane’s lawyer was “fighting for his life”.
He requested to meet next week and discuss the allegations.
Holomisa asked if it was possible to approach National Assembly Speaker Nosiviwe Mapisa-Nqakula so she could find out from the police if there was any substance to the allegations to “remove the dark cloud”.
“Somebody must verify the authenticity of these allegations,” he said.
Zungula said whether the committee can discuss the extortion allegations “at length” in the next meeting.
“We need to have the evidence before us then in our context or perspective as a committee, we make a determination [without seeking] to undermine the work that would be done by the other agencies.”
ANC MP Violet Siwela said she was of the view that there were other institutions that can deal with the allegations.
Democratic Alliance (DA) MP Kevin Mileham said he was concerned about the “spurious attempts to derail the committee”.
“I am concerned that members of this committee are now trying to adjudicate matters over which we have absolutely no authority. I am concern that this is yet another delay tactic intended to run out time for this committee.”
Furthermore, ANC MP Boyce Maneli pointed out that the committee last week adopted a revised programme, which states that the inquiry has to be concluded within 22 sitting days.
“We must respect the decisions that we take ourselves as the committee,” Maneli said.
According to the programme, the committee aims to adopt a final report for tabling to the National Assembly on 28 July, less than three months until Mkhwebane’s term ends.
Freedom Front Plus (FF+) MP Heloïse Denner agreed that the committee move forward, saying they have “bent over backwards” to be fair to Mkhwebane.
READ MORE: Mkhwebane extortion claims could open final committee report to legal challenge
Denner highlighted that just as there was a duty on the committee to act procedurally fair, there was also a duty on legal representation to act with consideration of the time.
Meanwhile, Dyantyi ruled that the committee will reconvene on Friday and resume with the inquiry.
The chairperson said the State Attorney will assist since Mkhwebane’s attorney has been hospitalised until further notice.
“I have taken note of all of the issues you have raised, but Friday’s business is the resumption of the inquiry. Members are very clear on that our focus is on the mandate of this inquiry and nothing else,” Dyantyi said.
Mkhwebane earlier expressed her dissatisfaction over the appointment of the State Attorney, arguing that this trampled her right to having legal representation of her choice.
She also indicated she intends to hand over evidence, which included recordings and WhatsApp messages, implicating Dyantyi to the committee.
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