By Lehlohonolo Lehana.
President Cyril Ramaphosa should have only suspended Public Protector Busisiwe Mkhwebane after the Section 194 committee has made a finding, her legal counsel, advocate Dali Mpofu SC, says.
However, constitutional expert Hassen Ebrahim disagrees with Mpofu.
Ebrahim was the first witness to testify before the committee. He outlined how the Public Protector fits into South Africa’s constitutional scheme.
Mpofu spent most of his time advancing his case that the process was unlawful, and railing against Mkhwebane’s suspension.
Cross-examining Ebrahim, who was part of the Constitutional Assembly that drafted the Constitution, Mpofu questioned his expertise and was reprimanded by committee chairperson Qubudile Dyantyi over his disrespectful tone toward Ebrahim.
Section 194(3)(a) of the Constitution reads: “The president may suspend a person from office at any time after the start of the proceedings of a committee of the National Assembly for the removal of that person.”
Mpofu, however, insisted Mkhwebane should not have been suspended yet as the process had not started.
Ebrahim said all that was required for Ramaphosa to suspend Mkhwebane was the establishment of the committee.
Former SARS official Johann van Loggerenberg will testify today.
Van Loggerenberg says it is concerning that the Mkhwebane recording reveals “that we seemingly have 180 plus people who are deep cover agents or sleepers or co-workers whatever they are called, with all sorts of sophisticated listening devices, with homes flush in dollars, pounds euros and South African rands, multiple passports and identities.
“They’re completely off the radar, some of them are situated in our state-owned enterprises, government departments, law enforcement, the very people that protect all of you as Members of Parliament…ostensibly have people like this infiltrated in there.
“The records of these people were allegedly destroyed by the “former DG of State Security” (a possible reference to ex spy boss Arthur Fraser) and the head of the Special Operations unit. At the time, he adds, it was “public knowledge” that these people were being looked at by SARS.
The hearing is adjourned until 10am tomorrow – when Van Loggerenberg will be cross-examined by Mpofu and former SARS official Ivan Pillay will testify.
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Video Courtesy of Parliament.