Cape Town - The inquiry into the fitness of (suspended) Public Protector Busisiwe Mkhwebane to hold office has been postponed until next week to afford her an opportunity to obtain legal representation.
This emerged when the inquiry resumed on Monday after the hearings were halted when the Public Protector SA (PPSA) cited financial constraints in funding her legal fees, which escalated to R30million as at March.
Briefing the inquiry, committee chairperson Qubudile Dyantyi said funding had now been made available for completion of the inquiry.
“I do want to thank the role-players who ensured the work of this inquiry gets closer to a conclusion,” Dyantyi said in referring to the R4m allocated by PPSA.
Dyantyi indicated that they had revised their programme and had 22 days to conclude their work.
He also indicated that the inquiry was to continue with the leading of Mkhwebane’s evidence for four days and thereafter the evidence leaders and MPs, among other things.
When Mkhwebane was asked to take the committee through her correspondence, she complained that the Section 194 Committee continued with presentations on testimony before the inquiry by evidence leaders in her and legal representatives’ absence last month.
“The so-called committee meeting is illegal and responsibility to afford me legal representation was not ordered but a decision of the Constitutional Court,” she said.
Mkhwebane also complained that the R4m was unilaterally decided for her legal representation for the remaining period of the inquiry, including her bodyguard, travelling and accommodation.
She said she currently did not have any legal representation.
On Friday, Mkhwebane filed an application in the Constitutional Court raising concerns on a fair hearing and/legal representation and the continuation of the committee meeting with evidence leaders in her and attorneys’ absence.
“A key dispute which is central to this application pertains to the question whether or not the State and/or any of its organs is responsible for the provision of, including further funding, required for my legal representation,” court papers read.
Mkhwebane also said she would lodge a formal complaint with the Judicial Services Commission over delay by the Constitutional Court to deliver a judgment on matters related to her suspension by President Cyril Ramaphosa.
She told the MPs that her legal representation was terminated when PPSA notified her attorneys that there were no funds for her legal fees.
DA MP Kevin Mileham said his understanding was that PPSA ran out of money resulting in the inquiry hitting “a pause button”.
“We are now resuming. It is not up for a new procuring process for legal representation,” MiIeham said.
ANC MP Bhekizwe Nkosi said they should not continue without Mkhwebane’s legal representation.
UDM leader Bantu Holomisa said they had to tread carefully when it came to non-legal representation of Mkhwebane.
“What I would suggest we do is for the acting public protector, perhaps, to negotiate with the previous team of the public protector to come back if they are to work on the capped budget of R4m after assessing the amount of work to be done.
“If the old team is not available, the public protector must get a new lawyer in conjunction with the acting public protector,” Holomisa said.
His sentiments were shared by ATM leader Vuyo Zungula and EFF MP Omphile Maotwe.
Dyantyi said they would postpone the inquiry until Monday to allow Mkhwebane to obtain legal representation.
He also said there was no legal impediment for the inquiry not to proceed as Mkhwebane lodged a fresh application to the apex court.
“There is no postponement done on the basis that there is an application in the Constitutional Court. We are resuming next week Monday with new or old legal representatives,” he said.
Cape Times