Cape Town - Suspended Public Protector Busisiwe Mkhwebane has been accused of deliberately stalling Parliament’s Section 194 inquiry into her fitness to hold office.
Mkhwebane’s term ends in October and already the process to recruit a replacement has begun.
Committee chairperson Qubudile Dyantyi made the accusation on Friday after Mkhwebane missed a crucial deadline with regard to responding to written questions posed by the inquiry committee’s members and evidence leaders.
Dyantyi said: “This appears to be deliberately geared to create an inevitable and untenable situation where the committee and the National Assembly will not be able to fulfil their constitutional obligations, despite the time and resources ploughed into this matter.”
The questions were sent to Mkhwebane’s lawyers, Chaane Attorneys, on June 25.
Dyantyi said: “The due date for responding to these questions was Thursday, July 6. It is unfortunate that advocate Mkhwebane has decided to disregard this important process by not responding to the questions.”
He said she had shown her disrespect to the committee process.
Dyantyi said the committee would continue with its work regardless.
This is not the first deadline Mkhwebane has missed since Dyantyi issued amended directives governing the committee’s work in a bid to beat its July 28 deadline, three weeks from today, to table its report before Parliament.
Mkhwebane was due to notify the committee by June 19 whether she would be responding to questions in writing or orally, but she ignored the deadline.
Mkhwebane had been given until June 22, to submit any additional affidavits or documentation in support of Part B of her statement or in relation to the evidence leaders’ presentation to the committee on Part A of her statement to the extent that there is a part that was not addressed in her oral evidence or written statement.
She also failed to meet that deadline. Friday also saw the close of nominations of and applications by people to be Mkhwebane’s successor as public protector in October.
Parliament’s ad hoc committee to nominate a person for appointment as public protector said as part of the selection process, all shortlisted candidates would be subjected to processes, such as suitability screening, reference checks and qualifications verification.
Candidates would also be expected to complete a questionnaire.
Meanwhile, African Transformation Movement (ATM) president Vuyo Zungula has written to the Judicial Service Commission requesting intervention in the undue delay in releasing its judgment in a case involving Mkhwebane and her return to office.
Last September a full Bench of the High Court unanimously ruled that Mkhwebane’s suspension by President Cyril Ramaphosa was unlawful, however the matter was challenged in the Constitutional Court.
The Constitutional Court heard the case on an urgent basis in November.
Last week, Mkhwebane said the court ruling would have no value to her already severely impacted career as public protector although her term ends in October.
mwangi.githahu@inl.co.za