Mkhwebane walks out of hearing
Public Protector Busisiwe Mkhwebane left the Section 194 Inquiry into her fitness to hold office yesterday after committee chairperson Qubudile Dyantyi asked evidence leaders to make a presentation to the committee.
TimesLIVE reports Mkhwebane had told the inquiry she would not be proceeding as she did not have legal representation.
She explained to Dyantyi that after Deputy Public Protector Kholeka Gcaleka wrote a letter on 1 March, indicating there would be no legal funding for her appearance before the inquiry from 1 April, she could not give further instruction to her legal team.
The Constitutional Court held, in a judgment passed last year, that when the Section 194 Inquiry formally proceeds, the PP would be entitled to full legal representation in the proceedings.
Dyantyi wanted the evidence leaders to brief the committee on the evidence that had been presented by Mkhwebane in the past six days.
A number of committee members said it would not be possible to continue without Mkhwebane being legally represented.
Mkhwebane told Dyantyi she had not finished with her evidence, while Dyantyi had ruled last week that evidence leaders should not cross-examine before she finished her evidence.
‘How do I then sit here without my legal team? I will have a legal team assisting me to note all the issues. So that when I continue presenting my evidence, they also know what the issues are. I do not think that will be proper and fair.’
She said what would be fair, was if there were ‘all hands on deck’ to find resources so the inquiry could proceed.
Dyantyi later said the committee would discontinue the inquiry and proceed with a committee session.
‘I would ask (evidence leader) Advocate (Nazreen) Bawa SC to take members through the parts that I indicated are important so that we save time when the inquiry resumes.’
This prompted Mkhwebane to address Dyantyi again, saying this was not a proper process to proceed with.
‘It impedes and violates my rights because of what they are going to be saying in the process.’
She said this was illegal and unethical and said she would possibly lodge a complaint against the evidence leaders to the Legal Practice Council.
Mkhwebane then asked to be excused and left, notes the TimesLIVE report.
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.
