Suspended public protector Busisiwe Mkhwebane. Picture: Neil McCartney
Suspended Public Protector Busisiwe Mkhwebane has written to President Cyril Ramaphosa requesting his urgent intervention in the saga involving funding for her legal fees.
Mkhwebane’s letter to Ramaphosa, National Assembly speaker Nosiviwe Mapisa-Nqakula and Committee chairperson Qubudile Dyantyi follows her threat on Tuesday to take further legal action after the Section 194 Committee continued without her lawyers present.
The Committee entered the third day on Wednesday without Mkhwebane’s legal representatives after acting Public Protector Kholeka Gcaleka told her the office could not fund her legal fees.
In her letter, Mkhwebane gives Ramaphosa until 1pm on Thursday to respond to her requests, failing which will result in further legal steps “in order to protect my violated rights”.
ALSO READ: Mkhwebane not being denied right to lawyers, Section 194 Committee told
Mkhwebane requested Ramaphosa “to ensure the instruction to extend the benefits attached to the position of Public Protector, which must include the provision of legal and other support while accounting to the National Assembly, are provided as a matter of urgency,” and “to uplift the suspension in view of the halting of the proceedings, in terms of section 194 (3)(a) of the Constitution”.
Mkhwebane said her suspension was valid until “the finalisation of the proceedings/inquiry initiated by the Committee of the National Assembly established in terms of section 194 of the Constitution.”
The proceedings have not been finalised yet.
“Failure to fulfil the constitutional obligations separately outlined above, by no later than 1pm on 6 April 2023, will result in my taking further legal steps in order to protect my violated rights,” said Mkhwebane in her letter.
ALSO READ: Mkhwebane threatens action against ‘backdoor’ impeachment inquiry
“As at Monday 3 April 2023 the non-funding issue had not been resolved with the result that I was in no position to give instructions for my legal team to continue representing me without any person or organ of state having assumed the responsibility to pay for their professional services.”
Responding to Mkhwebane’s letter, Dyantyi said the issue of her legal funding was brought to Mkhwebane’s attention on 1 March and it was not the committee’s responsibility to intervene in the matter.
ALSO READ: Committee slammed for allowing Mkhwebane’s hearing to proceed without her lawyers
“Our function is to facilitate the proceedings,” he told Newzroom Afrika on Wednesday.
“The Constitutional Court has been very clear that she must be given legal representatives, but nowhere does it say who must pay for the legal representative. She could have easily gone to the legal aid to ask for those kind of resources, which is a state institution,” he said.
The proceedings continue next week.
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