Mkhwebane: ‘I will appear, but I won’t say anything because I won’t have legal representation’

Suspended public protector Busisiwe Mkhwebane‘s legal representative advocate Dali Mpofu says he has not received any instructions as far as Monday’s hearing is concerned.

This as the funding for Mkhwebane’s legal costs remains an issue.

Legal cost debate

During Friday’s parliamentary inquiry into Mkhwebane’s fitness to hold office, Mpofu confirmed he had received a letter from the Public Protector South Africa confirming it will not be funding Mkhwebane’s legal costs going forward.

“We are not going to take any blame for this situation that we did not create and neither can the public protector be expected to shoulder the blame for it. It doesn’t matter what anyone has to say about it.

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“We cannot look at the process in isolation and millions of South Africans who don’t have money for legal representation. If the committee symphathises so much with those millions of South Africans, it must also discard its legal representation, in the form of evidence leaders and any other legal representative in solidarity with the poor,” said Mpofu.

“That’s the position, chair. It’s not our making or your making. It is what it is.”

Mkhwebane: ‘Can we use the same fiscus?’

Mkhwebane said although she sympathises with taxpayers, she asked committee chairperson Qubudile Dyantyi if National Treasury could make available more funding for the process.

“I will never pay because I don’t have, with the courts hitting me with personal costs and to even think I must pay that? I never brought myself here. It’s a determination of my fitness to hold office. The proposal going forward, is for me to propose, chairperson, we’re using the same fiscus and the same resources and I’m very much concerned about the recourses of the state. I’m not saying the PPSA and the acting PP Gcaleka must violate the legal prescripts, but I’m saying, in the process they should engage me, or when they speak to you, why can’t we tap into the very same resources you’re using to pay evidence leaders?

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“Why can’t we go to the National Assembly speaker since its her process? Also, if National Treasury could avail resources for this process, let them available resources for that particular process. I will be appearing on Monday , but I won’t be saying anything because I won’t be having legal representation and the Constitutional Court is clear on legal representation of my choice. I know the media says I’m running away from the process, but I want this process and appreciate it so much to verify the information. Can we use the same fiscus?”

‘Unfair on the PP’

Dyantyi said it would be “unfair” on the public protector if the proceedings ended halfway due to the legal costs issue.

“We will be back here from Monday to Thursday, to conclude everything.”

He said he had taken note of Mkhwebane’s suggestions on approaching the relevant institutions to cover her legal costs.

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“Those suggestions are indicating to me that the issue for you is finance. It is not in our interests to force the office to do unfunded expenditures, but we’ve got to find something to assist that process. We seem to be sharing a common desire [to continue with the hearing] because if it that was not the case, your suggestions would not have been shared.”