PHUTI MOSOMANE
THE Committee for Section 194 Enquiry into Public Protector (PP) Adv Busisiwe Mkhwebane’s fitness to hold office once again had to postpone its hearings due to the fact that Mkhwebane still does not have legal representation, says Chairperson Qubudile Dyantyi.
Advocate Mkhwebane has appeared before the committee without legal representation several times since the beginning of April. The situation arose after the office of the Public Protector South Africa (PPSA) stated in early March that they can only cover the expenses for her legal team until the end of March 2023.
“Notwithstanding that, a further R4 million has been made available,” Dyantyi said.
The office of the Public Protector and Mkhwebane had a disagreement regarding the approach to be taken in resolving the issue of her legal representation.
However, before this could be resolved, the committee received correspondence from Mkhwebane’s attorneys on record in the enquiry, Seanego Attorneys, stating that they no longer represent her due to professional reasons.
Unfortunately, without a waiver from Mkhwebane, the specific reasons for their withdrawal could not be disclosed.
Dyantyi confirmed that Mkhwebane informed the committee during the meeting that she has terminated the mandate of Seanego Attorneys.
Mkhwebane also mentioned that Seanego was appointed to represent her in the proceedings by the previous PPSA Chief Executive Officer.
The committee’s legal advisor, Fatima Ebrahim, informed them that the PPSA was requested to explore the possibility of obtaining assistance from the office of the State Attorney.
RMT Attorneys, representing Mkhwebane in related litigation, expressed no objection to her being represented by the State Attorney in their correspondence.
However, Mkhwebane clarified that she had not agreed to use the State Attorney.
Ebrahim presented a letter from RMT Attorneys stating that Mkhwebane had no objection to State Attorney representation. Mkhwebane expressed that Adv Dali Mpofu, SC, remains her preferred counsel and is willing to continue with the hearings.
The committee learned that the Solicitor-General had informed the PPSA that they cannot act on behalf of Mkhwebane due to a conflict of interest. The Solicitor-General emphasized the importance of cost containment and suggested reducing Mkhwebane’s legal team and negotiating fees.
During the committee’s discussions, mixed views emerged.
Some members believed that Mkhwebane should be given an opportunity to secure the legal assistance she desires, and once her team is ready, the committee should reconvene to proceed. Others felt that the committee had made significant accommodations for Mkhwebane and considered her actions to be further delaying tactics.
Dyantyi clarified that the committee is not dealing with legal funding challenges as the PPSA has allocated an additional R4 million for this purpose. He emphasized that the only issue requiring attention is Mkhwebane’s legal support, which will be addressed through discussions involving the Solicitor-General.
The committee will reconvene once the legal representation matter is resolved.
INSIDE POLITICS
