Cape Town - Parliament’s inquiry into suspended Public Protector advocate Busisiwe Mkhwebane’s fitness to hold office on Tuesday witnessed a heated clash between Mkhwebane’s lawyer Dali Mpofu and committee chairperson Qubudile Dyantyi over the postponement of the hearings.
The clash, which cut short the day’s proceedings, was as a result of Dyantyi’s refusal to grant Mpofu’s wish for a postponement of the hearings until after Mkhwebane’s urgent application in the Western Cape High Court.
The application is for an immediate enforcement of the court’s order setting aside her suspension by President Cyril Ramaphosa and Mpofu wanted time to prepare for the case which had initially been set for yesterday.
The matter was postponed to Friday after the DA and Ramaphosa’s lawyers separately appealed against the judgment to the Constitutional Court.
In effect, the appeals to the apex court suspended the court’s decision; however if successful with her high court matter on Friday, Mkhwebane could find herself back in office pending the outcome of the Constitutional Court appeals.
Dyantyi argued that there was no need to postpone the hearings and that because the matter was only on Friday, there was ample time for the lawyers to make their submissions to the court, but Mpofu replied that the refusal was prejudicial to his client.
The skirmish between the two also involved the fact that Mkhwebane was absent from the hearings and had not sent an apology for her absence to Dyantyi.
Mpofu said Dyantyi’s refusal to grant a postponement displayed the lack of empathy that Mkhwebane’s team had come to expect from him.
He said the case was one of the biggest things happening in the legal sphere and a number of political parties, including the ATM, the UDM and the PAC wanted to join the case as did the acting Public Protector, Kholeka Gcaleka. “This is a case that will make the Nkandla matter look like a Sunday picnic.”
At one point when Dyantyi and Mpofu were speaking over each other, Dyantyi asked the committee secretary to mute Mpofu. Mpofu unmuted himself and said Dyantyi’s action was “abuse”.
Mpofu said: “You’re going to regret this. Your day will come. I am only tolerating you because of my client. It’s not a threat. It’s a promise.”
At this point committee members got involved in the skirmish with DA MP Annelie Lotriet and Freedom Front Plus MP Corne Mulder taking issue with Mpofu’s statement. They said under the Powers and Privileges Act, MPs were not to be threatened during the execution of their duties.
EFF MP Omphile Maotwe said Dyantyi was treating Mpofu badly and needed to go home and do some introspection, while UDM leader Bantu Holomisa urged the two men to cool down.
Dyantyi said the committee would continue with the hearings on Monday, and Mpofu would cross-examine the witness, PPSA Provincial Investigation and Integration manager Nelisiwe Thejane, on September 21.
mwangi.githahu@inl.co.za