By Lehlohonolo Lehana.
Parliament’s legal services has advised the Section 194 Committee not to call President Cyril Ramaphosa to answer questions on the suspension of the Public Protector Adv. Busisiwe Mkhwebane.
This follows the request by the the legal representation of suspended Public Protector Busisiwe Mkhwebane led by Advocate Dali Mpofu that the Section 194 committee subpoena Ramaphosa to give testimony.
After considering Parliamentary legal opinion, most parties on the committee have indicated they do not think it’s necessary to summon Ramaphosa.
The legal services says in the event that the committee is of the view that the president’s presence before it is necessary, it advises that in the spirit of co-operative governance the Committee first invites the President before proceeding with the summons.
“Whilst there is no legal impediment that prohibits the Committee from summonsing the President or any other person to appear before the enquiry it may do so only where:
– the person being summoned is able to provide the Committee with information that is necessary for the Committee to determine the veracity of the charges; and information sought is within the personal knowledge of the person and not available through other less restrictive means.”
Parliament’s legal advisors added matters related to the Public Protector’s report on the CR17 campaign, have already been ventilated and concluded in the courts.
Mpofu had indicated that they would call for Ramaphosa to come and testify in the inquiry. If he refused to attend voluntarily, he would be subpoenaed.
At that time, Mpofu said Ramaphosa would be called in to testify “on the fact that he has made certain accusations against the Public Protector, saying she’s guilty of perjury and all sorts of things, which would be impeachable if they’re true”.
Ramaphosa has since declined the request to appear the committee voluntarily and denied making any allegations against Mkhwebane.
In a separate request last month, Ramaphosa declined to appear before the inquiry following a suggestion by United Democratic Movement president Bantu Holomisa to testify about the CR17 campaign report by Mkhwebane.
Ramaphosa indicated that the apex court was the final arbiter of justice and its judgments must be accepted and respected.
The inquiry is expected to continue on Wednesday, 17 of August 2022.