By Lehlohonolo Lehana.
The parliamentary inquiry into suspended Public Protector Busisiwe Mkhwebane descended into chaos on Thursday, leaving a witness unable to testify.
Bianca Mvuyana, an investigator at the Public Protector’s office was scheduled to give evidence on Monday, but could not do so after the Public Protector’s legal team was not available due non payment.
As the inquiry resumed on Thursday, advocate Dali Mpofu – representing Mkhwebane – indicated that he wants to raise concerns regarding a letter written by the Section 194 committee chairperson’s Qubudile Dyantyi before Mvuyana could testify.
Mpofu said the letter sent to Mkhwebane on Wednesday was a “serious stumbling block to us proceeding”.
“We have a letter from you here which is disrespectful, untruthful and contains serious insults to the public protector and her legal team. We cannot proceed before that matter is dealt with and ask you to withdraw that letter.
“That’s an issue we want to put on the table. You may or may not decide to withdraw, but at least allow us to raise that point. You wrote that letter unprovoked,” he said.
Mkhwebane also expressed her dissatisfaction over Dyantyi’s letter to the committee, saying it was “distorted and insulting”.
“It’s very concerning that you have signed such a letter chairperson. I wonder if you had gone through it and understood what it means because the way the letter is captured is very insulting,” she said.
The suspended public protector said she appreciated Dyantyi’s intervention on the issue of the legal fees, but insisted that there were “a lot of false statements” in the letter.
“Unfortunately, we cannot just shelve it. I’m very concerned because it seems as if you are taking what the [Public Protector’s office is] saying more than I am telling you what transpired.
On Tuesday, the Public Protector’s office hit back at Mkhwebane, saying her legal team charged more than the chapter 9 institution generally pays for legal services.
The office – which pays for Mkhwebane’s travel costs, accommodation and security – pointed out that the suspended public protector’s legal bills for her impeachment inquiry and related court matters was more than the initial amount given.
The institution also said Mkhwebane’s right to having lawyers at the inquiry did not mean the office was liable to pay the legal fees.
However, Dyantyi said Mkhwebane and her legal team’s concerns should be raised in writing.
While Mpofu indicated that the legal team will indeed respond in writing, he bemoaned the committee’s unwillingness to let him address the letter.
The committee is set to reconvene on Monday to deal with some of the issues raised by Mpofu.