By Lehlohonolo Lehana.
The Office of the Public Protector hit back at its suspended boss Busisiwe Mkhwebane’s claims that it deliberately delayed paying the legal team representing her in a parliamentary impeachment inquiry.
Mkhwebane lambasted the non-payment of her legal team, saying invoices for the month of July were only paid in October.
“As a state institution, they should have responded by 6 December especially because this is a very important process and they would want to eliminate any delays and [avoid] any accusations from either party [about] the delays. They should check and identify those discrepancies within a week,” she said.
“I don’t know whether that is done to punish me further because other legal teams have been paid. Why 33%? Now it’s as if paying 74% is doing people a favour. Why not pay 100%?” Mkhwebane said.
She further said she will be unable to participate in the inquiry until the issues have been properly attended to.
In response, the acting Public Protector Kholeka Gcaleka says that Mkhwebane’s legal team charges more than the office generally pays for legal services.
The Office of the Public Protector further said it’s hiring a consultant to verify invoices for the protection of the public purse.
According to the office, Mkhwebane’s legal bill for her impeachment inquiry and related court matters is more than double the original estimate.
Last week, Gcaleka informed Parliament’s justice committee that Mkhwebane’s legal bill could exceed R15 million.
Her office said an invoice submitted in 2022 by the firm of attorneys representing Mkhwebane was disputed because it did not conform with the Public Protector South Africa (PPSA)’s tariff of fees.
It then also emerged that this firm was allowed to bill differently, given its long-standing, special relationship with Mkhwebane.
Nevertheless, acting spokesperson Ndili Msoki said the Office of the Public Protector had paid all invoices received up until September, to avoid derailing the inquiry.
“The insinuation by advocate Mkhwebane that the PPSA is in default of its funding obligations, and specifically that the PPSA is in such default with the deliberate intent to frustrate advocate Mkhwebane’s right to legal representation and the Section 194 process, is untrue and rejected.”
The Office of the Public Protector said as of last week, it’s paid 74% of the amount claimed by Mkhwebane’s attorneys.
It’s still verifying four invoices received in December for what it has termed a significant amount.
The Section 194 Inquiry will resume on Wednesday with Mvuyana and former deputy Public Protector Kevin Malunga set to testify before the committee.