Public Protector Busisiwe Mkhwebane during the inquiry into her fitness to hold office at Parliament on 2 November 2022. Picture: Gallo Images/Brenton Geach
The Section 194 Inquiry will resume next week to hear the evidence of suspended public protector Busisiwe Mkhwebane.
On Tuesday, the parliamentary inquiry into Mkhwebane’s fitness to hold office concluded with former public protector Thuli Madonsela’s testimony, paving the way for her successor to defend herself.
Mkhwebane is facing a motion for her removal from office on the grounds of incompetence and misconduct.
The charges relate to her conduct when carrying out investigations and when defending reviews of her reports or remedial action in court.
The Section 194 Committee on Tuesday resolved that Mkhwebane’s oral testimony be delivered from next week Wednesday until the end of March.
The committee refused to grant Mkhwebane permission to push her testimony to 27 March.
Earlier in the proceedings, parliamentary legal advisor Fatima Ebrahim revealed that Mkhwebane’s lawyers, Seanego Attorneys, had written to the committee seeking to call more witnesses, including Build One South Africa (Bosa) leader Mmusi Maimane, following the conclusion of Madonsela’s testimony.
Ebrahim said Mkwhebane, in a letter, stated that she wanted Maimane, who was willing to appear before the committee, to testify about the CR17 and Vrede Diary farm investigations.
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“The letter doesn’t speak to the question of whether they want Mr Maimane to testify before the Public Protector commences her testimony so there is no clear request in that regard,” she said.
She indicated that nothing would prevent the committee from scheduling the witnesses after the public protector’s testimony.
Ebrahim also told the committee that Mkhwebane also sought to have the deadline of the submission of her affidavit in order for her to testify pushed to 20 March.
“The Public Protector is not compelled to submit a statement,” Ebrahim said.
The committee had previously given the public protector until 7 March to submit the document, but this was extended to 9 March.
Another issue Ebrahim raised to the committee was relating to Mkhwebane’s legal services.
She revealed that the Public Protector’s office had written to Mkhwebane, informing her that they can only pay her legal team until 31 March.
Last month, acting public protector Kholeka Gcaleka informed Parliament that the impeachment inquiry was swallowing up the office’s limited budget.
READ MORE: ‘You’re wasting taxpayers’ money’ – Madonsela tells Mpofu at Mkhwebane inquiry
Gcaleka highlighted that the total cost of the proceedings could escalate to between R12 million to R15 million by the end of March.
According to the Public Protector’s office, Mkhwebane’s legal bills for her impeachment inquiry and related court matters was more than the initial amount given.
The Chapter 9 institution – which pays for Mkhwebane’s travel costs, accommodation and security – also pointed out the Public Protector’s right to having lawyers at the inquiry did not mean the office was liable to pay the legal fees.
Deliberating on the issues raised by Mkhwebane, Democratic Alliance (DA) Kevin Mileham criticised Mkhwebane’s “never-ending” witness list.
“We seem to be about to hear from advocate Mkhwebane and they want to introduce new witnesses. I think we need to put a stop to this,” he said.
Mileham said the committee now needed to “draw a line in the sand”, urging members to reject Mkhwebane’s request for an extension until 20 March.
African National Congress (ANC) Simon Nkosi agreed with Mileham, saying the committee should consider the Public Protector’s letter regarding the funding difficulties.
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“Incidentally, that corresponds with our own programme. Chairperson, I think the constraint that we face is that whatever we do beyond our programme, except for the writing of the report, the [Public Protector’s office] will not be having funding.
“It’s clear that we must also act in the interest of guarding the taxpayer, and what they are paying for,” Nkosi said, adding that Mkhwebane should start testifying on 15 March.
ANC MP Violet Siwela shared the same sentiments.
“We have got other commitments as members in Parliament. This process, I think, is taking far too long.”
Furthermore, African Christian Democratic Party (ACDP) Marie Sukers said the other witnesses’ statements can be considered admitted as written evidence.
Section 194 Committee chairperson Qubudile Dyantyi agreed that Parliament cannot force the Public Protector’s office to act unlawfully and spend money the institution does not have.
“This committee as an extension of the [National Assembly], which plays an oversight role to the [Public Protector’s office], cannot ignore those facts,” he said.
While the committee acceded to grant the extension for Mkhwebane to submit her affidavit on 14 March, Dyantyi is “of the firm view” that she must give testimony from 15 to 31 March.
According to Parliament’s programme, the committee aims to complete its work by the end of April, including the drafting of a final report.
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