The proceedings at parliament’s Section 194 Committee inquiry were delayed on Wednesday after advocate Dali Mpofu threatened legal action if President Cyril Ramaphosa is not called to testify.
The committee is conduction an inquiry into suspended public protector Busisiwe Mkhwebane’s fitness to hold office. On Tuesday, the committee turned down Mkhwebane’s request to subpoena the president.
Mpofu, who represents Mkhwebane, told committee members that the president is not requested to testify in his capacity as the president of the country, but as a witness who implicated Mkhwebane in impeachable conduct.
He further argued that there are no legal impediments against Ramaphosa being called to the stand.
Questioning the committee’s decision, Mpofu said it is untenable to call former SA Revenue Service executives Johann van Loggerenbeeg and Ivan Pillay to the stand but not the president.
Through correspondence in July, Mkhwebane requested that the president voluntarily agree to appear before the committee as a witness in relation to “one of the charges the public protector is facing”.
Mkhwebane wants Ramaphosa to answer questions in relation to her suspension which she is contending, the review of her report in the so-called CR17 matter, and the judgment that was used by DA chief whip Natasha Mazzone.
Mkhwebane also wants Ramaphosa to answer questions on his position in the current litigation that she should not be represented by the legal representatives of her choice and the accusations of criminal conduct.
On July 25, Ramaphosa said he would not accede to the request, stating that Mkhwebane’s suspension is currently before the courts.
He said at the time: “[Mkhwebane] seeks testimony on matters that relate to the findings of the courts and the PP [public protector] is misplaced in concluding that the committee can engage in a process of relitigation or reconsidering the findings by the courts.”
Several witnesses have testified and accused Mkhwebane of protecting the politicians and concealing some information in vital reports including the Reserve Bank report.
The inquiry is currently under way in parliament where Gumbi Tyelela has taken the stand as the 10th witness. He is a former human resources manager at the public protector’s office.
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