PHUTI MOSOMANE
SUSPENDED Public Protector Advocate Busisiwe Mkhwebane has accused the Section 194 inquiry of attempting to undermine her by continuing the proceedings without her and her legal representatives.
She claims this proves her claims that the inquiry was nothing but a “kangaroo court” aimed at throwing her under the bus.
On Tuesday, the Section 194 inquiry reviewed evidence regarding Mkhwebane’s alleged misconduct in her investigation of the South African Reserve Bank and its failure to recover funds from ABSA Bank.
However, Mkhwebane, who is the subject of the inquiry, is disputing its fairness and claims that the chairperson’s decision to continue without her participation is a travesty of justice.
“My participation ended at the end of March when I was told by the Office of the Public Protector that my legal costs will no longer be funded at the proceedings,” she said.
She said the Chair of the Section 194 Inquiry Qubudile Dyantyi promised that after the long Easter weekend, he will try to find ways to ensure that the matters are sorted.
“But what is problematic is that the very same following day, the chairperson continued with the proceedings. I had to write an urgent letter to ask him not to continue with proceedings.
“When I tried to inform the chairperson during my last session that is when he muted me. He told me it’s a committee meeting, and then when I asked why the evidence leaders are continuing to present the matters, he said they were empowering the members. Unfortunately, they continued from the beginning of April until Tuesday with this unlawful process,” she said.
Mkhwebane said each and every person in this country is subjected to the Constitution, irrespective of what they are doing.
“The conduct of any inquiry is guided by the constitution. These are lawmakers.”
“Mr Dyantyi went ahead in contempt of the constitutional court. The fact is this, I am the subject of the committee, and how can you proceed without me being there and my legal representation also not being present?”
Mkhwebane said the evidence leaders should have advised the committee not to proceed without her participation.
She said no one deserves to be treated the way the inquiry chairperson has treated her.
On 4 April, she wrote a letter to the National Assembly Speaker Nosiviwe Mapisa-Nqakula asking her to intervene.
But Mapisa-Nqakula said her hands were tight and that she cannot intervene by stopping the process.
Mapisa-Nqakula told Mkhwebane that the Constitutional Court did not state who should pay for her legal fees.
“Chairperson told me that I will be given an opportunity to respond later. I believe this is a violation of my rights. How much money is being paid to the evidence leader? They are paid to continue even in my absence,” she added.
Mkhwebane said that she will appeal the Western Cape High Court ruling which dismissed her application to have the chairperson of the inquiry removed.
“The first reason for asking for his removal is the fact that the chairperson has expanded the scope of the inquiry. The inquiry also refused to call a number of witnesses, and the worst part was, when the chairperson refused to postpone the hearing when I was sick,” she said.
Parliamentarians must be mindful that the world is watching. Where have you ever seen an accused person not present a hearing? Mkhwebane asked.
“I have shown in my own investigations in the Bosasa and the SARS Rogue unit how the courts used wrong facts. I was asked to pay personal costs on the Vrede matter even when the courts used the wrong facts. Former Public Protector Thuli Madonsela admitted that there was no report that she prepared,” she said.
On Tuesday, evidence leaders also took the committee through evidence in relation to the misconduct charge on the part of the PP during her investigations into the Vrede Dairy Project in respect of which the motion alleges she narrowed the scope of the investigation.
The Committee also dealt with court judgments on the Pillay pension matter which included criticism of the public protector’s findings on the qualifications of former South African Revenue Services deputy commissioner, Ivan Pillay.
In closing the session, Dyantyi said that the Committee will pause with its session of empowering members and when it meets again it will resume and conclude the inquiry.
The date for resumption is to be announced pending the ongoing fees issue which he said was receiving attention.
The committee was established on 16 March 2021 to conduct a constitutional inquiry into the PP’s fitness to hold office and is now expected to conclude its work towards the end of May 2023. Committee documents can be found at Committee for Section 194 Enquiry.
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