‘It’s an illegal process’: Mkhwebane leaves Section 194 meeting amid funding dilemma

The lack of funding for suspended Public Protector Busisiwe Mkhwebane’s legal bills dominated proceedings at the Section 194 Inquiry.

The parliamentary inquiry into Mkhwebane’s fitness to hold office resumed on Monday, without her legal representatives.

This after the Public Protector’s Office indicated it would stop paying for her legal team on 31 March.

ALSO READ: Mkhwebane’s right to having lawyers ‘doesn’t mean we are liable to pay legal fees’ – PP’s office

Mkhwebane indicated on Friday that she will continue to appear before the committee, but insisted that she was entitled to full legal representation for the impeachment proceedings as per the ruling of the Constitutional Court (ConCourt).

The Public Protector’s Office previously revealed that the impeachment inquiry was swallowing up the office’s limited budget.

The Chapter 9 Institution indicated it was not liable to pay Mkhwebane’s legal fees, which was reached the cost of R12 million.

‘Processes in motion’

On Monday, Section 194 Committee chairperson, Qubudile Dyantyi said it was important that the inquiry proceed with its work.

Dyantyi pointed out that the committee has already heard Mkhwebane’s evidence about her report on President Cyril Ramaphosa’s CR17 campaign as well as the South African Revenue Service (Sars) “rogue unit” report.

“We still have to go through the CIEX, Vrede [dairy farm], and those HR issues,” he said.

However, Mkhwebane placed emphasis on the absence of her legal team although Advocate Dali Mpofu was in the meeting just to “provide clarifications”.

READ MORE: ‘I was just saying there’s evidence:’ Mkhwebane denies overstepping mandate in CR17 probe

The public protector said her lawyers had hoped that the issue over funding would be resolved over the weekend, so she could not issue any further instructions until she “got something in writing”.

“He was just here as courtesy from him since he has other commitments,” Mkhwebane told the committee.

Dyantyi revealed that there are “processes in motion” regarding the funding dilemma.

“That being the case, I would then want to proceed to the next point,” the chairperson said.

‘We are not going to waste any time’

Members of the committee deliberated on the matter, with United Democratic Movement (UDM) leader Bantu Holomisa asking Dyantyi to consider postponing Mkhwebane’s testimony until the acting public protector and Parliament have resolved the funding issue.

Al-Jamah MP Ganief Hendricks proposed that the committee reach a settlement with Mkhwebane “so we can bring this proceedings to an end”.

“I don’t think we should postpone the hearing and we should continue. The public protector is here to account… the committee has heard all the evidence to support the DA [Democratic Alliance] motion [and she] submitted extensive affidavits responding to the allegations [so] it is my view that the committee has enough to proceed [and] make a finding,” Hendricks said.

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Economic Freedom Fighters (EFF) MP Omphile Maotwe urged the committee to address the fact that Mkhwebane has not got legal representation.

GOOD MP Brett Herron indicated that he was concerned by the implications of the inquiry proceeding.

“I can’t see how we can proceed without the public protector unrepresented,” he said.

African Transformation Movement (ATM) MP Vuyo Zungula shared the same sentiments, saying the committee can’t expect Mkhwebane to fund her legal team from her own pocket.

“At the same time, we have seen how plans were made to avail funds to the Zondo Commission so the inquiry could reach its conclusion.”

Watch the proceedings below:

But Dyantyi dismissed Hendricks’ suggestion, saying the settlement matter was “outside the jurisdiction and mandate of this committee”.

“We don’t engage in those issues and we don’t even attempt to make that as a possible outcome.”

The chairperson said the committee will continue to do work with evidence leaders taking over to assist the committee in “unpacking all the issues” that relate to the charges against Mkhwebane, however, she won’t be asked any questions.

“We are not going to waste any time understanding and accepting that there is a particular dilemma and shortcoming in the legal team of the public protector continuing to get to the next charges which has been indicated,” Dyantyi said.

Unfair process’

The meeting then experienced some disruptions following a short break, where evidence leader Nazreen Bawa was expected to take the committee through the evidence heard so far.

Mkhwebane had protested against Bawa leading evidence about CR17 court records, saying it was unfair and violating her rights.

“This is illegal, unlawful and unethical,” she told the committee.

The public protector hinted that she may register a complaint against Bawa at the Legal Practice Council (LPC).

“You cannot behave like this as evidence leaders. This is an unfair process because she is now addressing the evidence I have presented without my legal team,” Mkhwebane said.

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

While Dyantyi attempted to respond, Mkhwebane interjected prompting the chairperson to ask for the public protector to be muted.

“It’s unacceptable that you just come in when I have allowed you to speak… you have covered the points that you wanted to make,” Dyantyi said.

“This is parliamentary session… the discussion now is meant for the members of this committee. I don’t think you have to determine what we do or not do as committee. I hear what you saying, but it won’t stop us from proceeding.

“We are just going to assist the committee and unpack the issues for it to be ready because this is something we would have done when the evidence leaders start asking questions to you, but today they are not asking those questions.”

Mkhwebane then asked to be excused and left the meeting.