Mkhwebane inquiry: Section 194 committee to subpoena Madonsela, says Ramaphosa ‘won’t add value’

The parliamentary inquiry into suspended Public Protector Busisiwe Mkhwebane’s fitness to hold office is set to resume next Monday, with “critical witnesses” expected to testify at the Section 194 Inquiry.

The Section 194 Committee met on Tuesday for “housekeeping” purposes following recess over the festive season.

Subpoena

With Mkhwebane’s witnesses set to testify, the committee resolved that former public protector Thuli Madonsela should appear before the inquiry.

During Tuesday’s deliberations, the committee’s chairperson Qubudile Dyantyi confirmed that parliament’s legal team will issue a summons to Madonsela to testify.

ALSO READ: Top five moments from Mkhwebane’s impeachment hearings

“The name of former public protector Thuli Madonsela is, therefore, agreed that it must be interacted with in a form of a subpoena,” he said.

Dyantyi explained that the committee was of the view that Madonsela could “add value” to their work since the former public protector “handled some of the investigations that constitute the subject matter of the motion” before the inquiry.

A summons will also be issued for Bianca Mvuyana, an investigator at the Public Protector’s office to testify at the inquiry.

‘It’s dead’

Mkhwebane had further filed at least five applications to the committee to summon Acting Public Protector Kholeka Gcaleka, Public Enterprises Minister Pravin Gordhan and Democratic Alliance (DA) MP Natasha Mazzone.

However, they have all declined to testify.

The committee also reaffirmed its decision not to call President Cyril Ramaphosa to appear before the inquiry.

“This issue with regards to calling President Cyril Ramaphosa to appear before this committee as witness, we dealt with the matter several times. We exhausted it so let’s not resuscitate it.

“It’s dead. Let’s leave it there. We dealt with it as a committee. We took a decision, so let’s leave it there,” ANC MP Doris Dlakude said.

READ MORE: Inquiry meant to persecute, harass and embarrass me, says Mkhwebane

DA Mimmy Gondwe shared the same sentiments.

“You will recall that we received a legal opinion on this matter so I think it’s an open shut case and there’s no need [to call the president]. If we call Mr Ramaphosa, it will not add value to the work of the inquiry in anyway.”

The Public Protector wants Ramaphosa to testify in relation to some of the charges she faces, but the committee has already declined to subpoena him.

Mkhwebane’s lawyer, advocate Dali Mpofu, told the committee last year that it must accept her evidence as uncontested if Ramaphosa did not testify.

Watch the proceedings below:

Programme

The committee has already heard testimonies from Mkhwebane’s two witnesses including Mulao Lamula, who works at the Public Protector’s Western Cape office, and Freddie Nyathela, who is the president of the South African Roadies Association (Sara).

Mkhwebane’s third witness, Zambian Public Protector Caroline Zulu-Sokoni, could not give her oral evidence on 5 December 2022 because she had to get permission from authorities in Zambia first considering her official position.

Dyantyi previously warned that there will be no extension given on the programme that has been outlined if Mkwebane’s witnesses were unable to testify in the allocated time, with her term set to end in October 2023.

According to Parliament’s draft programme, the committee aims to complete its work by April.

The committee has set itself a timeline of drafting a report by March.

NOW READ: ‘Playing for time’ – Mkhwebane trying to hold on until term of office expires