Committee backtracks, wants Madonsela to take the stand

The Section 194 Committee probing suspended public protector Busisiwe Mkhwebane’s fitness to hold office has made a U-turn on its decision to excuse her predecessor Thuli Madonsela from testifying.

Madonsela, who was subpoenaed as Mkhwebane’s witness in what was expected to be a Chapter 9 institution showdown, was supposed to give evidence regarding the Vrede Dairy Farm and CIEX-Absa investigations on Wednesday and Thursday.

She virtually appeared before the committee on Wednesday and was excused after the committee heard that Mkhwebane’s legal team, led by advocate Dali Mpofu, was not fully prepared to lead her evidence.

Mpofu asserted that he had not consulted with Madonsela to help her with her affidavit and requested that Madonsela’s testimony be rescheduled for an undetermined date. 

The committee previously resolved to use Madonsela’s statement as testimony without her physical appearance, and declared that it would call her back should a need arise.

“We will not be proceeding with you as originally planned that we had a date with you today and tomorrow [Wednesday and Thursday]. However, it seems like things are not going as planned,” said committee chairperson Qubudile Dyantyi.

“If there will be a need for us to speak with you again, we will indicate that. But as for today, we want to thank you for availing yourself and apologise for essentially wasting your time.”

However, after the committee concluded the evidence of public protector chief investigator Rodney Mataboge on Thursday, it backtracked and concluded that it would be valuable for Madonsela to take the stand.

Dyantyi said Madonsela would appear before the committee on Tuesday and Wednesday next week, to allow Mkhwebane’s legal team to prepare for her appearance.

“[The committee] is giving you the time you indicated you require to prepare for her appearance” he said.


“On behalf of all of you, yesterday we wrote to clarify the issue and we went back to them and said we are still offering Monday and Tuesday.

“Mpofu is saying they will take it up on Monday and lead Madonsela, and we will conclude that.”

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