Mkhwebane’s legal fees back on the agenda as Mpofu hikes his daily rate

The impeachment process against Busisiwe Mkhwebane is set to resume next week following a two month halt.

The Section 194 Inquiry into Mkhwebane’s fitness to hold office was forced to pause due to the impasse over her legal representation and funding.

This is after Seanego Attorneys decided to drop the suspended public protector due to “professional reasons”.

The Office of the State Attorney has since found new instructing attorneys for Mkhwebane.

‘No extra money’

At the beginning of Friday’s meeting, Section 194 Committee chairperson Qubudile Dyantyi indciated that the inquiry would resume next week.

Dyantyi stressed that the committee only had 22 days to complete its work and would have to adopt a revised programme as a result of the recent delays.

“There are no extra days, there’s no extra money,” he said.

The committee’s legal advisor, Fatima Ebrahim, confirmed that Chaane Attorneys has been appointed to act on behalf of Mkhwebane.

She told the committee that Advocate Dali Mpofu will be retained as part of the suspended public protector’s legal team.

ALSO READ: ‘R4m not enough for Busi’s hearing’: Legal expert says Mkhwebane may need more funds

An agreement was also reached between Solicitor-General Fhedzisani Pandelani and the Public Protector’s Office to retain the rest of Mkhwebane’s team – including advocates, Hangwi Matlhape and Bright Shabalala.

Ebrahim said Mkhwebane’s legal fees were renegotiated and it was initially agreed that the team would cost R90 000 per day.

However, a new fee structure was submitted this week and has now increased to R102 000 daily.

According to Ebrahim, Mpofu’s rate went up to R51 000 from the initial amount of R45 000, while Shabalala and Matlhape raised from R27 000 to R30 000 and from R18 000 to R21 000 respectively.

Watch the meeting below:

Although the new rates have been approved, the Public Protector’s Office has warned that Mkhwebane will have to foot her own legal bills if the additional funds that was made available by the Chapter 9 Institution ran out.

“We do now sit with the issue that there is only the R4 million as far as [the Public Protector’s Office] is concern and with the increased rates on the one hand and the fact that all three counsel are back on board, it may possibly mean that there will less days available in which to manage those funds,” Ebrahim said on Friday.

The Public Protector’s Office told News24 last year that Mpofu’s fees amounted R45 000 per day when he was still briefed by Seanego Attorneys.

Revised programme

According to the Section 194 committee’s draft programme, the inquiry will resume on 5 June for Mkhwebane to conclude giving her oral evidence before being cross-examined by the evidence leaders and questioned by MPs until 23 June.

Thereafter, closing arguments will be heard from on 28 June.

The committee will then deliberate on the inquiry hearings for a period of three days before proceeding to compile and table a draft report on 11 July.

READ MORE: Mkhwebane wants ConCourt to award her unlimited money – report

The draft report will be adopted the following day on 12 July.

Mkhwebane will be afforded an opportunity to go through the report from 13 to 24 July.

The committee aims to adopt a final report for tabling to the National Assembly on 28 July.

The revised programme, which could be changed at a later stage, means that the committee will work throughout Parliament’s constituency period, which starts on 18 June and ends on 31 August.

Recusal court case

The meeting on Friday came a day after Mkhwebane was granted leave to appeal to Supreme Court of Appeal (SCA) in her case against Dyantyi and Democratic Alliance (DA) Kevin Mileham.

The matter was heard at the Western Cape High Court on Tuesday.

Mkhwebane sought appeal the high court’s previous ruling, which dismissed her application to have Dyantyi and Mileham recused from her impeachment inquiry.

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Earlier, Ebrahim told the committee that a conditional cross-appeal was granted to Dyantyi in regards to the costs.

The legal advisor also indicated that the appeal would not stop the committee from continuing with its work.

“The appeal does not have the effect of an interdict,” Ebrahim said. “That is a parallel litigation process that is ongoing.”