Deputy public protector candidate Adv Sekgame Shadrack Tebeile says he will not disclose the merits of the ongoing case where he is representing former public protector Adv Busisiwe Mkhwebane.
Speaking during an interview session of Parliament’s portfolio committee on justice and constitutional development on Wednesday, Tebeile said the matter where he is representing Mkhwebane was still ongoing. He said he did not want to say anything that would prejudice the case.
The committee received 27 applications and nominations for the position. Last year the then deputy public protector, Adv Kholeka Gcaleka, was appointed as Public Protector. This left the post vacant. Interviews are taking place in Parliament in Cape Town.
Candidates for the post
The candidates interviewed were Tebeile, Adv Dinkie Portia Dube and Dr Makgathatso Chana Pilane-Majake. Also Adv Siphokazi Moleshe, Themba Phillip Mthethwa and Ponatshego Revelation Mogaladi. Adv Tseliso Schlesenger Thipanyane, and Adv Tommy Aron Bunguzana are also on the candidates list.
Tebeile is representing Mkhwebane pro bono in the African Court on Human and People’s Rights. This is in a matter relating to her impeachment.
During his interview, committee chairperson Xola Nqola asked Tebeile why he did not mention the Mkhwebane case. This refers to when he was asked which controversial cases he has been involved in.
“It was the first case that came to my mind. However, I found it challenging to talk about it because, ethically, I should not be discussing such matters. It is pending before certain forums. I cannot discuss it on this platform,” said Tebeile.
“My view is [that] commenting on it can be prejudicial. I avoid discussing it. The opponents won’t have an opportunity to respond when I talk about it here. For me to say it is the most controversial case I have done would mean I must get into the facts and merits of the case. Which I cannot do.”
Conflict of interest against Mkhwebane
In April, the committee cancelled interviews scheduled then. Because of allegations of conflict of interests against Mkhwebane. She was a member of the committee then, representing the EFF.
The committee cancelled the interviews amid controversy surrounding Mkhwebane’s connections with Tebeile and Mogaladi.
It was revealed during the previous interview process that Mkhwebane had connections with two of the candidates. These are Tebeile and Mogaladi. Mogaladi, an employee of the Public Protector’s office, was previously involved in a legal dispute with Mkhwebane
Mkhwebane refused to recuse herself despite the alleged conflict of interest. She has since resigned as an MP.
Tebeile currently represents Mkhwebane in a court case related to her impeachment on a pro bono basis.
Despite calls for her recusal, Mkhwebane maintained her position. This prompted the committee to seek legal opinion on the matter.
Parliament’s legal adviser highlighted that there was a reasonable apprehension of bias. This was due to Mkhwebane’s connections with the candidates.
However, Mkhwebane disagreed with this assessment. She argued that the candidates themselves had not raised objections about her participation in the interviews.
