Cape Town - The Section 194 Committee established to determine Public Protector Busisiwe Mkhwebane’s fitness to hold public office went into a tailspin on Thursday when her legal team staged a walkout.
Mkhwebane’s legal counsel Advocate Dali Mpofu SC said they did not have the mandate to continue with the proceedings after the committee dismissed her application to postpone the matter pending her review application.
This happened soon after committee chairperson Qubudile Dyantyi notified Mkhwebane and her legal team of their decision taken in their absence.
Earlier Mpofu had argued for a postponement of the proceedings to allow Mkhwebane to institute a review application over the non-recusal of Dyantyi and DA MP Kevin Mileham as well as the committee’s decision to support the pair’s non-recusal.
After Dyantyi briefed them on their decision, Mpofu said they were not surprised by it.
He said their mandate as the legal team was to do the application for postponement.
“What that means is that we are not able to take part in any of the further illegal activities, which would go beyond the application for the adjournment.”
Mpofu said anything beyond the application for postponement would be endorsing the illegal activities of the committee.
“I am afraid as far as the legal team is concerned that will be as far as we can take it. Good luck,” he said.
Mpofu’s statement prompted Dyantyi to ask if they were choosing not to cross examine the remaining witnesses lined up by the evidence leaders.
In his response, Mpofu said Mkwhebane would speak for herself.
“In fact, once I finish speaking here, she can only speak for herself. Once my mandate comes to an end, I cannot speak for her, so if you don’t mind, can you excuse us as the legal team and address the questions to the Public Protector?” he said.
When asked to clarify matters, Mkhwebane said she did not give a mandate to her legal team to withdraw and she thought that Mpofu had discussed matters with her attorney on record.
“I will have to discuss with them because we did not discuss the continuation of the process.
“The issue was for them to apply for this process so I will have to go back and discus with them or, alternatively, if they decide to withdraw, especially the attorney on record, I will have to find a way of finding an attorney, who will have to proceed with the matter or alternatively convince the current legal team,” she added.
Evidence leader Nazreen Bawa noted that Seanego Attorneys had also walked out of the proceedings with Mpofu.
She said the parliamentary legal services would have to advise the committee what the position was when legal representatives walked out of proceedings and what the consequences were for the hearing.
EFF leader Julius Malema said his party was considering withdrawing from the committee after it decided to proceed with the inquiry and that their request to be given time to consult their legal team was not heeded.
“I said we ask for an adjournment to consult our legal team to see how we proceed with this matter.
“She (Mkhwebane) is entitled to be a legal representative and we must allow her. If you insist on the proceeding, we are going to withdraw from this process,” Malema said.
UDM leader Bantu Holomisa said late on Thursday proceedings, which were meant for cross-examination of a witness, should be postponed until Friday subject to the evidence leaders and Mkhwebane’s team ironing out matters and finding a way forward.
Some ANC MPs felt that Dyantyi and the evidence leaders should hold backroom meetings and suggested legal opinion be sought and that they should also engage Mkhwebane.
“You will have to engage with the Public Protector since she did not mandate them to withdraw. I believe that should happen urgently so that we proceed with the programme,” ANC’s Violet Siwela said.
However, Bawa said they did not have a mandate to enter into any arrangement with Mkhwebane.
“I would not know where my authority comes from to make any deal with them. We would not want to do anything with the Public Protector on her own. It is not clear if the instructing attorney has withdrawn,” Bawa added.
Mkhwebane said she too could not proceed without legal representation and that she needed to discuss matters with her legal team.
“They did not even say they are terminating. I must find out if they are willing to proceed with me or I start afresh to get a new legal team.
“I would want to be given an opportunity to engage with them because I don’t know why this came out the way it did,” she said.
Dyantyi ruled that the MPs would be advised on the way forward at the meeting scheduled for Friday.
“We have tonight to rethink how we proceed tomorrow. The meeting has not been changed for tomorrow,” he said.
Cape Times