Cape Town - Suspended Public Protector Busisiwe Mkhwebane participated in Monday’s parliamentary process into her fitness to hold office in protest over major constitutional violations.
This is according to her legal representative Advocate Dali Mpofu SC, who said the constitution has been serially violated because there was a lot of zeal and making sure the inquiry got to where it was by “hook or crook”.
“We are here to participate in this process. Our participation is, however, under protest because of major constitutional violations, but we are here and we are going to participate nevertheless because we represent a law-abiding citizen and the Public Protector,” he said.
Mpofu made his opening remarks at the start of the inquiry hearings that are until August 3. The hearings are held two years after DA chief whip Natasha Mazzone tabled a motion on the removal of Mkhwebane on the grounds of alleged incompetence and/or misconduct.
An independent panel, consisting of a judge, considered the motion and found that Mkhwebane has a prima facie case to answer, a move that led to the National Assembly establishing the Section 194 committee in July 2021.
However, the committee only got to business this year after Mkhwebane mounted legal challenges up to the Constitutional Court.
Mpofu said on Monday Mkhwebane has been accused of all sorts of things, including the so-called Stalingrad, which he said was a strange accusation.
“The irony is that every time she raises concerns about this process she has been proven right in every turn.”
He recounted the legal challenges which helped shape up the process followed to date and assisted Parliament “to do the right thing, which is to abide by the constitution.”
He also said if impeachment was to be fair, the Section 194 Committee would have to be worried about the suspension of Mkhwebane.
Mkhwebane was unlawfully suspended by President Cyril Ramaphosa a day after announcing a probe into the Phala Phala scandal, and was not able to prepare for the scheduled hearings.
“Her email was blocked until last Thursday. To say the suspension has nothing to do with this committee, with greatest respect, is a fallacy.”
For a month, Mkhwebane could not access her emails as a direct consequence of the suspension and her PA removed.
Mpofu questioned whether the impeachment proceeding had started to trigger her suspension.
“You have an obligation to ensure fairness, both rule against bias and conflict of interest as well as rule for a hearing. We want to put it out that she has been completely sabotaged in preparation for this... You wanted to double shackle her for this process and the court process. The question is why,” he said about Mkhwebane whom he likened to the biblical David against Goliath.
“I can assure you that it is not in the interest of the people of the country, democracy, this document (referring to the constitution),” Mpofu said.
UDM leader Bantu Holomisa said the suspension made them uncomfortable.
“We don’t want to be challenged into a tunnel. We have seen it before,” Holomisa said, referring to Parliament’s handling of the Nkandla matter.
His proposal that a legal opinion be sought on the matter was supported by EFF leader Julius Malema.
But Committee chairperson Qubudile Dyantyi assured MPs that the process being followed did not have predetermined outcomes.
“Our guiding compass is fairness and rationality of this process,” he said.
Nazreen Bawa, one of the inquiry’s leaders of evidence, said the committee was the first of its kind in South Africa in the sense that it was sailing in uncharted waters.
“Even though this is a maiden journey, it is not without beacons, lighthouse and frequent buoys to guide its route. It is also not without a map and navigation system with which to steer its course,’ Bawa said.
An expert witness who will outline the role of the Office of the Public Protector is expected to appear on Tuesday.
Cape Times