By Lehlohonolo Lehana.
The Section 194 Committee has turned down a request by Public Protector Busisiwe Mkhwebane to reschedule the testimony of her predecessor, Professor Thuli Madonsela, which is set to be heard on Wednesday and Thursday.
Mkhwebane’s laywer, Advocate Dali Mpofu, has criticised the Section 194 Committee’s rejection of their request to postpone the parliamentary proceedings.
Mkhwebane’s legal team had asked for Madonsela’s testimony to be delayed until an undetermined date because they did not have time to prepare.
They instead requested to cross-examine Public Protector chief investigator Rodney Mataboge on the days set for Madonsela.
But Section 194 Committee chairperson, Qubudile Dyantyi, denied the request, directing Mkhwebane and the legal team to appear at the inquiry on Wednesday.
“Failing to do so, we will continue without them,” Dyantyi said.
Madonsela, who was subpoenaed by the committee, was set to give evidence regarding the Vrede dairy farm and CIEX-Absa investigations on Wednesday.
“We take that as a committee as a written evidence which is on record to this committee and it helps us therefore to do away with the proposed oral evidence of Wednesday and Thursday because we have that on record,” said Dyantyi.
“I have addressed that enough and the members have accepted that the committee must adopt the witness Advocate Thuli Madonsela and for that adoption with a cleaned-up statement means we have on record her response to the issues that were required.
“And therefore we would not need to go any further with oral evidence when she would have responded to those grey areas that we wanted her to respond to,” he said.
Mpofu said he did not agree with Dyantyi condoning Madonsela’s affidavit, even though it hadn’t been submitted seven days before her testimony.
“You personally said the reason why there was a delay for professor Madonsela’s statement was because of delays which were caused by the public protector and her [legal] team,” Mpofu continued, adding that “nothing could be further from the truth”.
He said it was “hurtful” to lay the blame on Mkhwebane and the legal team for the delay in Madonsela submitting her affidavit, accusing the committee of “hijacking” their witness.
We could not benefit from the seven day rule. We could also not benefit from the rule which allows us to prefer [a witness]. So it was being portrayed yesterday as if the public protector did not want the witness to testify when she’s the one who called the witness before she was hijacked.”
Mpofu also expressed his dissatisfaction about the committee’s refusal not to reconsider Mkhwebane’s request to call Public Enterprises Minister Pravin Gordhan, President Cyril Ramaphosa and Democratic Alliance (DA) MP Natasha Mazzone to testify.
He added Mkhwebane will go to court or “make a fresh application” for the committee to summon Madonsela.
“We have to exhaust our remedies in which case you’ll have a much longer delay on your hands,” Mpofu said.
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Video Courtesy of Parliament.