By Lehlohonolo Lehana.
Suspended Public Protector Busisiwe Mkhwebane has formally lodged her second recusal application with the Section 194 committee against the chair of her impeachment inquiry, Richard Dyantyi.
The recusal application, dated July 12, was lodged just two days before the Constitutional Court set aside the Western Cape High Court ruling that found Mkhwebane’s suspension invalid and unlawful.
In her submission to the committee, Mkhwebane largely draws on two recorded meetings between her husband and the late Joemat-Pettersson as the basis for these reasons.
Mkhwebane says Dyantyi is impacting the integrity of the inquiry by chairing proceedings while allegations of bribery and corruption are being investigated against him, both by Parlaiment’s ethics committee and the police.
“It is likely that any one of these investigations will result in an adverse finding against Dyantyi. It is equally likely that he may be exonerated,” reads the recusal application.
“Either way, the mere possibility of a negative finding on such serious allegations is sufficient ground for his present recusal, pending such outcomes.”
Mkhwebane also says Dyantyi has been making disparaging remarks about her to the media, for not meeting one-sided deadlines to provide the committee with written testimony.
She’s further accused the committee of continuing with proceedings in the absence of her having legal representation.
Dyantyi has confirmed receipt of Mkhwebane’s application and says he will respond in due course.
The latest applications comes after the public protector was granted leave to appeal to the Supreme Court of Appeal (SCA) in her case against Dyantyi and Democratic Alliance (DA) MP Kevin Mileham.
A conditional cross-appeal was also granted to Dyantyi in regards to the costs by the Western Cape High Court.
Mkhwebane’s application also comes as the Section 194 Committee seeks to complete its work earlier than anticipated following her failure to meet the committee’s deadlines.
The committee had resolved unanimously on 9 June that it would change its process and send written questions to Mkhwebane after she repeatedly appeared at the inquiry without her legal team.
She has then since missed four deadlines to file oral and or written replies or submissions to sets of questions by committee members and evidence leaders.
The committee was now considering compiling its draft report on its inquiry into Mkhwebane’s fitness for office.
Mkhwebane on Thursday suffered yet another court defeat after the Constitutional Court (ConCourt) found that there were “rational reasons” for President Cyril Ramaphosa to suspend the public protector.
Meanwhile, Ramaphosa has since welcomed the judgment, according to the Presidency.
“The Constitutional Court judgment affirms the fact that the president acted within the rule of law and also affirms the president’s adherence to due process and fairness as you all know the suspension followed the decision by the National Assembly to institute as Section 194 process against Mkhwebane.