Cape Town - There was chaos and confusion at Parliament’s committee for Section 194 inquiry into suspended Public Protector Busisiwe Mkhwebane’s fitness to hold office after her legal representatives withdrew from further proceedings.
Mkhwebane’s lawyer, Dali Mpofu, announced his withdrawal after the committee’s rejection of Mkhwebane’s application to adjourn its work pending yet another high court challenge that she intends to file on Monday.
Mkhwebane was left to fend for herself, contrary to a ruling of the Constitutional Court which ordered that she had to be represented throughout proceedings.
Mkhwebane said she hadn’t given a mandate to her legal team to leave the proceedings and asked committee chairperson Qubudile Dyantyi (ANC) for time to consult with Mpofu and the team to try and persuade them to return. She said if she failed to get them to return, she would have to find a new attorney of record.
Committee evidence leader Nazreen Bawa suggested that the committee consult its legal advisers as to what to do next.
During the commotion that followed Mpofu’s withdrawal, EFF leader Julius Malema said the EFF had heard Mpofu’s claim that the committee was illegal and as such would be considering whether to withdraw or not.
UDM leader Bantu Holomisa agreed with Malema but said that the day’s sitting should be postponed until today when a way forward could be determined.
The committee had met yesterday to hear Mkhwebane’s application for the inquiry to halt its work until the Western Cape High Court ruled on the review application challenging the dismissal of her recusal application against Dyantyi and committee member Kevin Mileham (DA).
Mpofu had argued that the inquiry should not continue while there was a review application against recusal application dismissal as that would be “contempt of court.”
He said he had anticipated the committee’s decision to decline the application and was 60% ready with an application to the high court to declare the committee’s proceedings unlawful.
Dyantyi argued that the committee had experienced too many stops and starts and this had led to a loss of momentum. The committee will meet again this morning at 10am.
mwangi.githahu@inl.co.za