PHUTI MOSOMANE
FORMER Public Protector Thuli Madonsela has been summoned to appear before the Committee for Section 194 Inquiry into her successor Busisiwe Mkhwebane’s fitness to hold office, its chairperson Qubudile Dyantyi said on Tuesday.
Dyantyi said that the multi-party committee resolved to accede to Mkhwebane’s request to have her predecessor summoned because she could add value to the process as she handled some of the investigations that form part of the motion before the inquiry.
The chairperson said that the committee also resolved not to call President Cyril Rampahosa and Public Enterprises Minister Pravin Gordhan to appear before the inquiry.
Mkhwebane, who is on suspension, is facing an ongoing parliamentary inquiry into her fitness to hold office following an independent panel’s findings that there is prima facie evidence of misconduct and incompetence against her.
“The committee agreed that Advocate Madonsela could add value to the process, as she handled some of the investigations that constitute the subject matter of the motion before the committee. It further agreed to the request to have Ms Bianca Mvuyana, an investigator in the Office of the PP, summoned to testify,” said Dyantyi.
Earlier, the committee spent a lot of time discussing Mkhwebane’s application to summon Democratic Alliance (DA) Member of Parliament Natasha Mazonne, the Deputy Public Protector and the current Acting Public Protector Advocate Kholeka Gcaleka, and Gordhan.
But the committee resolved to decline these applications due to, among other considerations, irrelevance.
“The committee felt that bringing them before the committee would not add value to the work and mandate of the committee. Members agreed to work with the documentation already provided by these persons in other forums,” said Dyantyi.
He added: “In the case of the acting PP, the committee felt the charges in the motion are not relevant to her tenure as Deputy PP and it predates her appointment”.
The multi-party committee also rejected Mkhwebane’ intention to call Ramaphosa as a witness.
He said after receiving a legal opinion, the committee resolved not to call him.
In June last year, Ramaphosa suspended the Public Protector, a decision ruled by the Western Cape High court as unlawful because it could be viewed reasonably as a retaliation for Mkhwebane’s decision to investigate Phala Phala theft.
On the side of the committee, Rodney Mataboge, an investigator in the office of the Public Protector, is also expected to be called to assist the committee as he worked closely with Mvuyana.
A request is also expected to be made to invite Advocate Kevin Malunga, the former Deputy Public Protector, to appear before the committee.
”The committee agreed that in the event they decline the invitation, they will be summoned,” he said.
The committee was established by the National Assembly on 16 March 2021 to conduct a constitutional inquiry into the Public Protector’s fitness to hold office.
The Committee for Section 194 is scheduled to reconvene on Monday next week and expected to complete its work on 21 April 2023.
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