By Lehlohonolo Lehana.
The Western Cape High Court has reserved judgment in the application by Busisiwe Mkhwebane to remove the chairperson of her impeachment inquiry Richard Dyantyi, which is currently investigating her fitness to hold office.
Mkhwebane seeks to have the court overturn Dyantyi’s decision not to recuse himself from proceedings which are set to conclude soon.
She also wants Democratic Alliance member of Parliament Kevin Mileham to recuse himself from the committee.
This court case comes after both Dyantyi and Mileham refused to recuse themselves in 2022.
Dyantyi and Mileham are both challenging the review application.
Dyantyi, in his answering affidavit, is requesting the court to dismiss Mkhwebane’s application and compel her to pay the cost of three counsels, in her personal capacity.
Dyantyi labelled Mkhwebane’s application as an attempt to attack interlocutory rulings he and the committee have issued, saying this was one of a series of court challenges the suspended public protector used to stymie the parliamentary process to hold her accountable.
On setting aside the review application, he argued the committee has the authority, under Section 57 of the Constitution, to proceed with the inquiry, having dismissed Mkhwebane’s application for the chairperson’s recusal.
Dayanti warned that further delays in finalising the inquiry process, whether it leads to Mkhwebane’s impeachment or vindication, goes against the public interest.
He emphasised the urgency to finalise the proceedings before the Public Protector’s term of office expires in October 2023.
The Section 194 committee last week refused to delay her testimony any longer after Mkhwebane also requested more time to deliver her written statement.
Mkhwebane is expected to take the stand form the 15th – 31st of March.