Suspended Public Protector Busisiwe Mkhwebane will be back at the Section 194 Enquiry Committee on Monday
The Section 194 Enquiry Committee established to look into Mkhwebane’s fitness to hold office resolved to resume hearings and to push full-steam ahead in order to conclude within the timeframe of its latest adopted draft programme, that is 28 July 2023.
Committee Chairperson Qubudile Dyantyi said he noted the concern of its members, especially the escalating costs, including “rates being raised” in respect of counsel fees for Mkhwebane.
In summarising the discussions from Friday’s meeting, he said “everything needs to be done within reasonable means”.
The committee was briefed by its legal advisor, Fatima Ebrahim, on correspondence and progress made since its last meeting.
During the briefing, it became apparent that the rates for all three advocates preferred by Mkhwebane have now increased by R12 000 per day.
The Committee heard that on 23 May, the State Attorney confirmed that Mkhwebane’s attorneys have been appointed including Advocate Dali Mpofu whose rates are R45 000 a day..
According to the committee, Mpofu then indicated that he would only accept the brief if the two junior advocates who have been part of the team since hearings began were also briefed. After consultation between the office of the Public Protector South Africa (PPSA) and the Solicitor-General, an agreement was reached to also brief the two juniors.
On 29 May, Ebrahim was informed by the office of the Public Protector that counsel had since provided a new fee structure. This would amount to an additional collective amount of R12 000 per day.
Addressing several media reports on the committee’s work, Dyantyi said there will be no interim report.
“If there is going to be a draft report, it will be something all members will be aware of. We have never worked in a smoke-filled room where a report is created somewhere,” Dyantyi said.
Dyantyi said he will communicate with the Chair-of-chairs, Cedric Frolick, and the Speaker Nosiviwe Mapisa-Nqakula with an update and the revised programme, to indicate that there cannot be an interim report.
Mapisa-Nqakula is within her rights to enquire about the committee’s progress, the committee said.
He reiterated the position of members that they must avoid any other issues that could be ‘sideshows’ to the process and remain focused on the business and mandate of the committee.
Regarding the allegations ‘flying around’, Dyantyi said anyone who has a grievance about this process can raise it on the correct platform.
The committee was established on 16 March 2021 to conduct a constitutional inquiry into Mkhwebane’s fitness to hold office.
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