Parliament’s Section 194 Committee will on Tuesday meet to deliberate and plot a way forward in its impeachment inquiry against the suspended public protector Busisiwe Mkhwebane.
The committee is expected to consider correspondence received from Seanego Attorneys, where Mkhwebane is requesting to summon to the stand DA MP Natasha Mazzone, acting public protector Kholeka Gcaleka, former public protector Thuli Madonsela, and Public Enterprises Minister Pravin Gordhan.
Mkhwebane’s request precedes next week’s sittings where she is expected to call further witnesses. It is still not clear where Mkhwebane stands as the committee is yet to hear evidence from witnesses in her favour, after many seemingly slammed her leadership and character during the proceedings in 2022.
In a list of witnesses backing Mkhwebane is Zambian public protector Caroline Zulu-Sokoni, who was expected to give testimony in December, but failed as she had not secured permission from the Zambian government to either appear before the committee physically or virtually.
At the time, advocate Dali Mpofu, who represents Mkhwebane, assured committee members that Zulu-Sokoni would be ready to testify when the inquiry resumes on Monday.
Meanwhile the inquiry, which adjourned in December, is expected to conclude in March with the report being handed over to the National Assembly in April. However, it still seems a while from over, as the chairperson of the committee Richard Dyantyi and DA MP Kevin Mileham are yet to face legal action from Mkhwebane.
The duo refused to recuse themselves after allegations of bias ignited. Mpofu hinted at the time that the court would likely hear the matter in the fourth week of January.
Recusal application
In 2022 Mpofu lodged a recusal application against Dyantyi and Mileham on behalf of Mkhwebane. In the submission with 12 points on which it is based, Mpofu accuses Dyantyi of being unfair and biased in leading the inquiry.
According to the application, in parts, Mpofu is not happy that Dyantyi did not comply with his request to subpoena President Cyril Ramaphosa to testify. He also accuses Dyantyi of colluding with evidence leaders.
However, evidence leader Nazreen Bawa disputed the allegations, saying they are “unfounded and there is no evidence”.
According to Mpofu and other members of the committees, Mileham’s participation in the inquiry amounts to a conflict of interest after it emerged that Mileham is Mazzone’s husband.
Mazzone is a complainant in the matter after she tabled a motion for Mkhwebane’s removal from office in December 2019.
In July 2022, EFF chief whip Floyd Shivambu wrote to parliament Speaker Nosiviwe Mapisa-Nqakula and asked her to intervene in the matter. Shivambu also requested that Dyantyi be removed as chair of the committee for allegedly abusing his power.
Mapisa-Nqakula advised Dyantyi to seek legal opinion.
In a statement at the time, parliament spokesperson Moloto Mothapo said: “The speaker’s decision follows a letter by the EFF chief whip, Mr Floyd Shivambu, in which he requested the speaker’s intervention on two matters:
- a possible conflict of interest by a member of the Section 194 Inquiry Committee,
- and the removal of Mr QR Dyantyi as chairperson of the Section 194 Inquiry Committee on allegations of abuse of power and unreasonable treatment of Ms Mantoa Maotwe by the chairperson.
“The speaker wrote to the chairperson to ensure that the committee requests the parliamentary legal services to provide a legal opinion on the possible conflict of interest by the involvement of Mr KJ Mileham in the proceedings of the committee as envisaged in rule 165 or any applicable law.
“On the matter requesting the removal of the chairperson, the speaker informed Mr Shivambu that she is not authorised to remove a chairperson as the committee elects its chairperson.
“The speaker understood the intervention by the chairperson in Ms Maotwe’s matter to be an effort to ensure the meeting was not diverted from the task at the time.”
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