SIYABONGA SITHOLE
Calls for replacing evidence leader of the Section 194 Inquiry, Advocate Nazreen Bawa, continue to grow after United Democratic Alliance (UDM) leader Bantu Holomisa and chairperson of the National Crisis Committee Chumani Maxwele formally wrote two separate letters to National Assembly Speaker Nosiviwe Mapisa-Nqakula and chairperson of the Section 194 Inquiry Qubudile Dyantyi, asking for Bawa recuse herself from the inquiry.
Bawa was recently appointed as evidence leader in the National Assembly's Section 194 Committee, which is currently investigating Public Protector Busisiwe Mkhwebane's fitness for office in terms of Section 194 of the Constitution.
In a letter written to the Speaker of the National Assembly, Holomisa said Bawa should clear her name first before she is able to take part in the inquiry after allegations surfaced of her manipulating court processes in another court case.
Bawa is accused of a series of misdeeds, some dating back to 2020. She is also accused of having used unscrupulous methods to obtain evidence as well as subverting court processes misrepresenting evidence.
Another accusation is that she interfered with the investigative processes of the NPA and aided her client in evading investigations and prosecutions from the NPA, as well as having launched multiple court processes in order to extract fees from the state, among many others.
Maxwele, who is the chairperson of the National Crisis Committee, through his legal team, Godrich Gardee Attorneys, said they had been made aware of Western Cape Proceedings in the Cape High Court in which prima facie evidence exists to suggest that Bawa contravened a series of legal practices laws due to her unethical and unprofessional conduct.
"It appears as though these allegations were made against Bawa SC in June 2020 but were not substantively addressed by the Legal Practice Counsel and Cape Bar Counsel on the basis," Maxwele said through the lawyers.
Holomisa said Bawa is not fit to be evidence leader in the inquiry due to the many allegations made against her.
"Noting that the rules of the committee, as issued on 14 July 2022, are silent in terms of the fitness of evidence leaders to lead various witnesses, save for clause 10 (10.2), which provides that any person wishing to make an application to the committee, which is not otherwise provided for in the procedure or in the Assembly Rules, must do so in writing to the Chairperson. The United Democratic Movement is making a submission in line with clause 10(10.2) of the rules of the Committee.
Holomisa said it has come to the party's attention that Advocate Bawa has been implicated and embroiled in legal proceedings where her conduct has been questioned with allegations that could lead to a criminal case against her.
Holomisa said the allegations against Bawa were too many to include in the letter to the Speaker but attached documents to support the party's stance on Bawa's fitness to be part of the inquiry.
"The allegations against Advocate Bawa are too many to list in this correspondence. Instead, the entire affidavit implicating her is attached for your ease of reference, and the Chair is requested to read from paragraph 24 all the way down.
"It is the contention of the UDM that the seriousness of the allegations that are levelled against Advocate Bawa is such that her fitness as evidence leader is now questionable, and her continued role in the Committee may have the unintended consequences of soiling the work of the committee.
"Advocate Bawa must be recused and allowed the space to clear her name in the court of law. The UDM, therefore, appeals to the Chair (Dyantyi) to act in the manner that will preserve the integrity of the work of this Committee and advise Advocate Bawa SC to recuse herself. In addition, the Committee and possibly the Judicial Service Commission should look into if and why senior counsel would allegedly manipulate and subvert court processes and interfere in criminal investigations as is alleged in the attached affidavit," Holomisa said.
In the past, Bawa served as evidence leader on the Khayelitsha Commission of Inquiry into allegations of police inefficiency and a breakdown in relations between the community and the police.