Mkhwebane takes on chair's recusal decision
The Section 194 Committee established to determine Public Protector Busisiwe Mkhwebane’s fitness to hold public office went into a tailspin yesterday when her legal team staged a walkout.
The Cape Times reports that Mkhwebane’s legal counsel Advocate Dali Mpofu SC said they did not have the mandate to continue with the proceedings after the committee dismissed her application to postpone the matter pending her review application.
Mkhwebane is challenging chair Qubudile Dyantyi’s decision not to recuse himself.
The Public Protector’s legal team lodged a review application challenging the dismissal of her recusal application.
Dyantyi last week decided not to recuse himself from the inquiry on the basis that Mkhwebane failed to prove that he was biased.
The Public Protector’s application also included DA MP Kevin Mileham, who also refused to recuse himself from the committee.
Mkhwebane had expressed concern on a possible conflict of interest since Mileham is married to DA MP Natasha Mazzone, who tabled a motion for the Public Protector’s removal from office in December 2019.
Yesterday, Mkhwebane’s counsel, Advocate Dali Mpofu, made an application for the inquiry proceedings to be postponed pending the Western Cape High Court’s ruling on the review application.
‘We have every intention (to lodge the review application) by Monday at least,’ Mpofu told the committee, before adding that this, however, depended on whether the proceedings would be adjourned. He highlighted that the committee may be liable for contempt of court should it fail to halt the inquiry proceedings.
According to Mpofu, the Public Protector will seek an order declaring the committee’s decision unlawful and invalid if it concludes not to grant the adjournment.
Meanwhile, The Citizen reports that evidence leader Advocate Ncumisa Mayosi addressed Mpofu’s suggestion that the committee would dismiss the postponement application based on past experience and ‘especially if the evidence leaders oppose this application’.
Mayosi insisted that the evidence leaders have not played a role in the decision making of the committee regarding postponements.
Evidence leader Nazreen Bawa also refused to recuse herself last week.
Article disclaimer: While we have made every effort to ensure the accuracy of this article, it is not intended to provide final legal advice as facts and situations will differ from case to case, and therefore specific legal advice should be sought with a lawyer.
