By Lehlohonolo Lehana.
Evidence leader Nazreen Bawa SC says that suspended Public Protector Busisiswe Mkhwebane has made it clear that she did not withdraw her lagal counsel Adv Dali Mpofu’s mandate and did not restrict the mandate of her lawyers to the adjournment of the Inquiry.
Mkhwebane’s legal team on Thursday afternoon walked out on her parliamentary impeachment inquiry claiming proceedings were illegal.
This was after the section 194 committee refused to adjourn proceedings to allow Mkhwebane to approach the court again.
Her legal team and instructing attorneys, Seanago, abandoned proceedings saying they were illegal: “We are not able to take part in any of the further illegal activities which would involve anything beyond the application. As we indicated this morning, of the adjournment because to do so would be to acquiesce in this committee as it’s currently constituted is completely illegal.”
Mkhwebane wanted Section 194 committee chair Qubudile Dyantyi and Democratic Alliance (DA) MP Kevin Mileham to recuse themselves based on a number of reasons, but her application was unsuccessful.
Parliament’s legal advisor Fatima Ebrahim took the committee through the correspondence exchanged between the committee and Mkhwebane’s lawyers, which the Public Protector now suggests she is trying to “un-withdraw”.
Ebrahim raised serious questions about yesterday’s withdrawal, which came in the context of Mkhwebane’s lawyers being repeatedly warned that – should their adjournment application be refused – further witness evidence would be led.
Regarding Mileham’s recusal, Ebrahim reiterated that the motion for the Public Protector’s removal from office, which was tabled in December 2019 by DA MP Natasha Mazzone, was passed through the National Assembly.
“In fact Ms Mazzone has no part whatsoever in these proceedings to date,” she said.
Mkhwebane’s said that she “telephonically contacted the Director of my current legal firm, Seanego Attorneys Inc, and he confirmed that he will be in a position to consult by Monday or Tuesday next week.
The future participation of my current counsel team will be clarified once I have had a formal audience with them following the meeting with my attorney”.
Livestream Video Below:
Video Courtesy of Parliament.