By Lehlohonolo Lehana.
The majority of members of the Section 194 Committee into Public Protector Busisiwe Mkhwebane’s fitness to hold office have agreed to recommend to Parliament that she must be removed from office.
The committee has adopted the draft report, which Mkhwebane will be allowed to comment on before a final report is adopted by the National Assembly.
The adoption of the draft report comes after the committee found the public protector guilty of all four charged of misconduct and incompetence last month.
Mkhwebane has already rejected what she believed was a “predetermined outcome” and is likely to take the committee’s report on review.
Proceedings started with committee chairperson Qubudile Dyantyi delivering opening remarks.
Dyantyi reported that there was another application for his recusal from a Cape Town advocate Winston Erasmus.
Last month, Dyantyi refused to recuses himself from presiding over the inquiry after Mkhwebane filed a second application.
The public protector sought Dyantyi’s removal over bribery allegations levelled against the committee’s chairperson by Mkhwebane’s husband, David Skosana.
However He said collectively committee members are happy with the decision to proceed with him as chairperson.
Mkhwebane last testified on 31 March and still needed to complete her testimony after several roadblocks to the committee’s work stemming from her legal funding and representation.
Parliamentary legal advisor Fatima Ebrahim informed the committee that Mkhwebane’s lawyers, Chaane Attorneys, have withdrawn from representing the public protector.
Ebrahim said the public protector was now seeking additional time to allow her to attend to the matter as Advocate Dali Mpofu, together with his two junior counsel, have not been briefed since the end of March.
The committee had to consider whether to proceed with the draft report or not to allow Mkhwebane to find new legal representation.
Democratic Alliance (DA) MP Annelie Lotriet said the committee has been patient with Mkhwebane and her legal issues.
“We now need to proceed with this report; we cannot delay it anymore. Let’s proceed,” she says.
African National Congress (ANC) deputy chief whip Doris Dlakude told the committee that it won’t be an issue for Mkhwebane to use state legal services.
“We dealt with these issues and we have come a long way just for us to be halted now. Let’s proceed,” she said.
Economic Freedom Fighters (EFF) MP Omphile Maotwe said Mkhwebane’s legal troubles are not her own doing.
“I have seen the correspondence between you and her, but the essence is that she does not have a legal representative. It’s unfair to then just rush this process.”
Dyantyi said Mkhwebane’s lack of legal representation had no bearing on the committee’s work.
“There are resources still available to her,” the chairperson said
After going through the draft report in detail, most of the committee members agreed to adopt it and recommend to the National Assembly that Mkhwebane should be removed.
A two-thirds majority is required to remove Mkhwebane from office.
Mkhwebane’s term of office ends on 14 October, at which time she will get a gratuity of around R10 million.
Watch Live in the video below:
Video Courtesy of Parliament.