Cape Town - Section 194 committee chairperson ANC MP Qubudile Dyantyi has ruled that he will not be recusing himself in proceedings where he is accused of bias, fraternising with and abdicating powers to the DA.
The committee conducting hearings into suspended Public Protector (PP) Busisiwe Mkhwebane’s fitness to hold office returned on Monday after a two-week break, which Dyantyi used to seek a legal opinion.
Dali Mpofu, SC, for suspended Public Protector Busisiwe Mkhwebane, on September 20, filed a recusal application against Dyantyi and DA MP Kevin Mileham, citing procedural fairness, bias, and the protection of President Cyril Ramaphosa.
“Taking the facts into account and having taken time to consider the PP’s application, I have decided not to recuse myself. I repeat: I have decided not to recuse myself,” Dyantyi said.
He labelled Mpofu’s application as “generalised, non-specific, with little or no elaboration” and said he had ruled in favour of Mkhwebane in circumstances where Mpofu’s line of questioning was brought up.
He said no assembly rule empowers him to remove Mileham or any MP from a committee.
However, Dyantyi was accused yesterday by MPs of sourcing a legal opinion on the recusal without the mandate of the committee.
Given the floor, UDM president Bantu Holomisa, ATM president Vuyolwethu Zungula and EFF president Julius Malema said the legal opinion was drafted by a lawyer who acts for the DA in active legal cases.
The trio slated Dyantyi for conducting the committee meeting “informally”, failing to adopt the agenda, and they rejected the legal opinion.
Dyantyi overruled their points and attempted to proceed with the hearing but was interrupted.
Backing Dynatyi, DA MP Annelie Lotriet said: “If it means you have a legal opinion as your response, then that is the agenda point we’re busy with. There is nothing that needs to be removed. We’re dealing with the matter as decided by the committee in the last meeting.”
On the legal opinion, Dyantyi noted remarks about it, its origin and who authored it. “We’re missing a contribution to robustly engage in the content of that legal opinion. The legal opinion is advisory in nature,” he said.
Last week, Holomisa and attorney Godrich Gardee, for the Black People’s national crisis committee chairperson, wrote to Dyantyi requesting another recusal – this time of evidence leader Nazreen Bawa, SC, over her conduct in other legal proceedings.
Dyantyi said that the committee awaits Bawa’s response, which will be communicated to MPs.
Mkhwebane and Mpofu were not in the meeting, which was described as a committee meeting rather than an inquiry session. Hearings continue later this week.
Dyantyi said the Bawa matter would be dealt with before the meeting.