By Lehlohonolo Lehana.
The section 194 committee looking into the fitness to hold office of suspended Public Protector Busisiwe Mkhwebane is concerned at the treatment dished out to witnesses.
The committee convened a meeting to discuss how the inquiry executes its mandate, among other things, after seven days of the impeachment hearings in parliament.
Mkhwebane is the first head of a Chapter 9 institution to face a parliamentary inquiry.
With some witnesses having already testified, the committee raised concern over the treatment of those who took to the stand – which MPs were seemingly divided on – as well as Mkhwebane’s reluctance to answer questions posed to her during the proceedings.
“Members were concerned about the manner in which Mkhwebane had responded to the committee’s questions so far and the time allocated for her to do so at a later stage, “the committee’s chairperson Qubudile Dyantyi said in a statement on Wednesday.
“They were also concerned about the lack of regard with which witnesses have been treated by some of those involved in the process, as well as the time taken up by the questioning of witnesses.
The committee resolved that these three directives require stronger enforcement to ensure that its processes run more smoothly and its work is credible and fair, “he further said.
On Tuesday, former Public Protector investigator Tebogo Kekana was called a liar by Mkhwebane’s legal counsel, advocate Dali Mpofu, after he gave damning evidence about the Public Protector’s involvement in amending the constitutional mandate of the South African Reserve Bank (Sarb) instructed by State Security Agency (SSA) officials.
Mpofu was cross-examining Kekana, with the advocate accusing the senior investigator of gossiping about Mkhwebane.
The advocate also argued that Kekana was retaliating against Mkhwebane because he was fired for “dishonesty”.
Meanwhile, Dyantyi said there should be a “balancing act” for everyone involved in the hearings in order for the process to be fair.
“It’s a fine balancing act. We understand that witnesses must be cross-examined. We further understand the rights of witnesses, the members of the committee, the evidence leaders and that of the Public Protector and her legal team.
“We need to balance the rights and responsibilities, and navigate them in such a way as to ensure a credible process,” he said.
The chairperson also reiterated that there was no possibility that the committee or parliament can make a finding on civil or criminal liability against Mkhwebane, adding that the Public Protector was not at risk of “double jeopardy”.
The committee paused the hearings to allow Mkhwebane and her legal team to prepare for her court challenge against the process, which the Western Cape High Court will hear on Monday and Tuesday.
The hearing is expected to resume next Wednesday.
Meanwhile in an attempt to drag President Cyril Ramaphosa into her impeachment hearing, Mkhwebane’s lawyers argue the charges against her, which emanates from her discredited CR17 report, are the most serious.
Mkhwebane’s attorneys, Seanego, sent a letter to Ramaphosa to ask him to avail himself to testify before the National Assembly’s Section 194 Committee that is currently handling her impeachment.
“Should you be willing to avail yourself voluntarily as per this request, please indicate so by communicating your decision to do so preferably on or before Friday, 22 July 2022. The necessary arrangements will then be made to consult with you,” read the letter, dated 19 July.
However and in the unlikely event that you are not willing to avail yourself voluntarily, then the necessary steps will swiftly be taken to bring you before the committee by the invocation of the process envisaged in Section 14 of the Powers, Privileges and Immunities of Parliaments and Provincial Legislatures Act 3 of 2004, read with clauses 5.3 and 5.4 of the directives which were issued by the chairperson of the Section 194[1] Committee on 14 July 2022.”
This means Mkhwebane’s counsel, Mpofu SC, will apply to committee chairperson Dyantyi that Ramaphosa be subpoenaed to appear before the committee.