Suspended Public Protector Busisiwe Mkhwebane speaks to Advocate Dali Mpofu over a tea break during the parliamentary inquiry into her fitness to hold office in Parliament on 25 August 2022. Picture: Gallo Images / Daily Maverick /Leila Dougan
Parliament’s Section 194 inquiry into Busisiwe Mkhwebane’s fitness to hold office has rejected her latest bid to postpone its proceedings.
Mkhwebane requested that the impeachment inquiry be deferred to next week Monday in order for her lawyers to be present during its proceedings, following last Thursday’s walkout from the inquiry by her legal team led by Advocate Dali Mpofu.
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The suspended public protector confirmed to the inquiry on Monday her lawyers from Seanego Attorneys had not withdrawn from representing her after she was given time to consult with them.
“Due to resultant confusion, misunderstanding, and deliberate misinterpretation of what was explained, I was left in a position where the committee needed to know whether or not the legal representatives were intending to withdraw as incorrectly asserted by others… as far the attorneys are concerned… I can confirm that they have not withdrawn.
“They are still my attorneys of choice, Seanego Attorneys, and I have instructed them to write a separate letter to the committee. And I hope, once and for all, that clarifies the position, which remains unchanged,” she said.
Mkhwebane then proceeded to ask for a postponement of the inquiry’s proceedings after she told MPs her lawyers were unavailable this week due to other commitments they were attending to.
She insisted that it was her constitutional right to have her lawyers present during the inquiry’s processes.
“I’m very much concerned chairperson to proceed without my legal representation,” she said.
READ MORE: Mkhwebane impeachment: Public Protector to challenge recusal decision – Dali Mpofu
Despite her explanations and a letter sent to the inquiry from Seanego Attorneys confirming they were still representing Mkhwebane, most committee members from the GOOD Party, the Democratic Alliance (DA), and the African National Congress (ANC) were confused why her lawyers walked out in the first place.
GOOD Party MP Brett Herron said: “Obviously the clarification on the way forward [with the legal team] is welcomed, but I really don’t understand what happened last week. There is no explanation for what happened last week at all.”
MPs from the Economic Freedom Fighters (EFF), the United Democratic Movement (UDM), and the African Transformation Movement (ATM) called for the inquiry to be postponed for a week until Mkhwebane’s legal team is available.
EFF MP Julius Malema said Mkhwebane should be given time to consult properly with her lawyers.
“Once again, the public protector is asking for time so that she does a thorough consultation with her lawyers. It’s a right you can’t take away from her; you can’t… she’s got a right to be represented and that right was reaffirmed by the Constitutional Court,” Malema said.
Committee chair Qubudile Dyantyi ruled that the proceedings of the impeachment inquiry would continue for Monday and Tuesday with the hearing of evidence from a senior manager for legal services in the Office of the Public Protector, Cornelius van der Merwe.
“Quite clearly, on Friday the committee concluded in its deliberations, as part of the decisions it has taken, that today [Monday] we are going to resume.
“And central to that resumption was the issue of putting on the stand the last witness… the resolution we took on Friday must be proceeded with,” Dyantyi said.
The inquiry chair ordered a representative from Seanego Attorneys, who joined Monday’s proceedings virtually, to remain online.
Dyantyi said there were still unanswered questions on the reasons behind Mkhwebane’s legal team walking out of proceedings last week.
“What is clear is that there is quite a number of questions that are unanswered as we sit here that we’ll continue to find answers on… we’ll peruse getting answers to those questions even beyond this committee.”
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