Advocates hit out at disclosure of legal fees paid by Public Protector

The Pan African Bar Association of South Africa (Pabasa) a national voluntary association of advocates has hit out at evidence leaders at the parliamentary investigating suspended Public Protector Busisiwe Mkhwebane’s fitness to hold office.

This is after Cornelius van der Merwe, the head of legal in the office of the Public Protector revealed various payments made to advocates amounting to R17 million. Some of the advocates who received payments include high-profile people like Dali Mpofu, Muzi Sikhakhane, Vuyani Ngalwana, and Thabani Masuku.

Pabasa in a statement said it was disingenuous to make public the fees without providing context.  “While the use of public funds for litigation is obviously a matter that requires appropriate transparency, it is unhelpful and misleading to do so by simply setting out the total fees paid to each legal practitioner without critical context – including the period concerned, the number of cases, the time spent on the cases, and so on,” the statement reads.


Pabasa called out the inquiry’s evidence leaders. “Pabasa is disheartened by the approach of evidence leaders in this regard. It has led to the selective, sensationalist and unfair criticism of the counsel involved.”

Meanwhile, Mkhwebane’s attempt to go back to the office was struck a heavy blow on Thursday when the Western Cape High Court dismissed her application for leave to appeal an earlier ruling which prevented her from returning to the office.

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