Mpofu says it’s hurtful to blame Mkhwebane for delay in Madonsela’s testimony

Public Protector Busisiwe Mkhwebane’s laywer, Advocate Dali Mpofu, has criticised the Section 194 Committee’s rejection of their request to postpone the parliamentary proceedings.

Mkhwebane’s legal team had asked for former public protector Thuli Madonsela’s testimony to be delayed until an undetermined date because they did not have time to prepare.

ALSO READ: Madonsela sees ‘no rational connection’ to appear at Mkhwebane’s hearing

They instead requested to cross-examine Public Protector chief investigator Rodney Mataboge on the days set for Madonsela.

But Section 194 Committee chairperson, Qubudile Dyantyi, denied the request, directing Mkhwebane and the legal team to appear at the inquiry on Wednesday.

“Failing to do so, we will continue without them,” Dyantyi said in a statement on Tuesday.

‘Hijacking witness’

Madonsela, who was subpoenaed by the committee, was set to give evidence regarding the Vrede dairy farm and CIEX-Absa investigations on Wednesday.

Before the former public protector could be sworn in, Mpofu addressed the committee about a letter the legal team received the previous day.

Mpofu said the letter was received with “a lot of pain by our client” and also complained about being excluded from the committee proceedings.

“We were helpless as we watched the rules and directives of the committee being violated left, right and centre, that’s why we wanted this opportunity, just to respond about the things that were being said about the public protector and her legal team,” he said.

READ MORE: ‘We cannot just shelve it’: Section 194 chair accused of ‘insulting’ Mkhwebane, Mpofu

The advocate said he did not agree with Dyantyi condoning Madonsela’s affidavit, even though it hadn’t been submitted seven days before her testimony.

“You personally said the reason why there was a delay for professor Madonsela’s statement was because of delays which were caused by the public protector and her [legal] team,” Mpofu continued, adding that “nothing could be further from the truth”.

He said it was “hurtful” to lay the blame on Mkhwebane and the legal team for the delay in Madonsela submitting her affidavit, accusing the committee of “hijacking” their witness.

“We could not benefit from the seven day rule. We could also not benefit from the rule which allows us to prefer [a witness]. So it was being portrayed yesterday as if the public protector did not want the witness to testify when she’s the one who called the witness before she was hijacked.”

‘Fixated’

Mpofu also expressed his dissatisfaction about the committee’s refusal not to reconsider Mkhwebane’s request to call Public Enterprises Minister Pravin Gordhan, President Cyril Ramaphosa and Democratic Alliance (DA) MP Natasha Mazzone to testify.

“What we are saying is that due to the obvious need for those witnesses, if you are fair you would reconsider. To refuse to entertain the issue because you made a decision in October [last year] is just completely unacceptable.”

Furthermore, Mpofu told the committee they did not have enough time to prepare for Madonsela’s testimony.

“The unfairness in this is that the committee is fixated with the rigidity of the programme.”

He also said the legal team was “only making a reasonable request” for the postponement of Madonsela’s testimony.

“[We] basically [wanted] to swap witnesses. We are not saying [the committee must not] sit [at all] to accommodate us,” Mpofu added.

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