Embattled suspended public protector Busisiwe Mkhwebane is left stranded after her legal representatives walked out on her during the impeachment inquiry proceedings on Thursday.
Mkhwebane’s legal team, Seanego Attorneys Inc led by Advocate Dali Mpofu walked out on the committee claiming that the proceedings were conducted in an unlawful manner.
This after the committee declined an application to adjourn the inquiry pending a Western Cape high court application where Mkhwebane is challenging the decision by the Chairperson of the committee, Qubudile Dyantyi, Kevin Mileham, and the committee to decline her application for Dyantyi and Mileham to recuse themselves on grounds of alleged bias.
Mpofu, who believes Mkhwebane stands a great chance at succeeding in this matter argued that it would be illegal for the committee to proceed pending the application. Mpofu argued that it would be “grave injustice” to the suspended public protector, adding that the committee would be in contempt of court if they proceeded.
Mkhwebane, who for the first time spoke before the Section 194 committee in Parliament on Thursday, begged the committee to allow her some time to consult with Mpofu and the team to determine whether they would return to the case, or else she would need to secure a new team which would have to learn about the case all over.
Mkhwebane said she was equally surprised as the committee when Mpofu and his team walked out, noting that she was not aware that they would “terminate”.
Mkhwebane pleaded: “I, therefore, request that I be given time and space to deal with the situation and thereafter communicate the outcome of my discussions with my current legal team and failing which and only as a matter of last resort, to seek the services of a new legal team as I indicated yesterday.”
Nevertheless, Mkhwebane remains committed to subjecting herself to the inquiry.
“I remain committed to cooperating with the committee while protecting all my rights as provided for in the rules and in the Constitution,” she said.
Dyantyi acceded to Mkhwebane’s request and granted her a day to secure legal representation. However, that sparked controversy as committee members clashed in opinion.
While ANC’s Xola Nqola and other members maintained that the inquiry should proceed, ATM’s Vuyo Zungula and Omphile Maotwe of the EFF argued that it would be unconstitutional to continue while Mkhwebane remains without legal representation.
Zungula said the committee should not rush to conclude things but should instead seek advice from independent parties that are not involved in the proceedings. Zungula argued that the committee should afford Mkhwebane the chance to seek representation and that she must not be given unreasonable time in doing that.
Corroborating Zungula’s argument, Maotwe said the EFF will not take part in kicking Mkhwebane while she is down. Maotwe proposed that the committee postponed the proceedings to allow Mkhwebane the chance she needs as required by the law.
She argued that the chairperson had two full weeks just to make a decision on whether he will recuse himself or not following allegations of biasness. Maotwe said during that time no one contested the amount of time afforded to Dyantyi and instead kept quiet until he was ready to resume. Therefore, Mkhwebane should be afforded the same opportunity. She said she must be given the opportunity to exercise her democratic rights as a South African native.
Summarising the committee’s submissions, Dyantyi said it seems as though the members agree that the proceeding should not proceed [today] and concluded to adjourn. He said, however, that as chair, he needs to balance the rights of everyone partaking in the inquiry to ensure that it concludes its mandate at a reasonable time.
Mkhwebane was given until Monday, October 31. The committee is set to resume on Tuesday.
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