By Lehlohonolo Lehana.
President Cyril Ramaphosa will not be summoned to appear before the Section 194 Committee handling Public Protector Busisiwe Mkhwebane’s impeachment.
Mkhwebane’s counsel advocate Dali Mpofu is worried that they only heard through the media that their request to subpoena Ramaphosa was denied.
Mpofu says the legal opinion the committee obtained in summoning Ramaphosa isn’t what was portrayed in the media.
While they agree with the opinion that there is no legal impediment to calling the president. He must have missed the part of the opinion that says witnesses called must be relevant to the proceedings.
He says that there are no legal impediments against Ramaphosa being called – and says he is not called as the President, “but as a witness” who implicated Mkhwebane in impeachable conduct.
Mpofu further says they are not accepting the committee’s decision and they “will take whatever legal steps necessary” to call Ramaphosa.
The committee’s hearings to determine whether Mkhwebane misconducted herself or is incompetent resumed with the testimony of Gumbi Tyelela, the acting head of corporate services at the Office of the Public Protector.
According to Tyelela’s affidavit Mkhwebane didn’t want to work with her former spokesperson, Cleopatra Mosana, because she disrespected her by calling her “Busisiwe”.
She worked as the Public Protector spokesperson for one year and 10 months. She left having given 24-hour notice.
“I recall it was on a Monday morning when I was called to the PP boardroom, just after 08:00. Present was both Ms Mosana and the then chief of staff, Linda Molelekoa. The PP came in,” reads Tyelela’s affidavit, which he confirmed to the evidence leader, advocate Nazreen Bawa SC.
“She indicated that Ms Mosana must go home and serve her notice from home. No details were provided as to what precisely in relation to Ms Mosana’s work had brought this about.
“I intervened and requested that Ms Mosana leave the room whereafter I informed the PP that what she had done was dismiss Ms Mosana without any process and that she could not do so. Apprised that she did not want to work with Ms Mosana any longer, I requested that she allowed me to deal with the matter going forward.”
Mosana was offered another post, but she declined.
“She wanted to remain in the private office. She wanted a meeting with PP to find out what she had done, but we cautioned her against this as the PP had clearly indicated that she no longer wanted to work with her.”
A labour dispute ensued, and the legal proceedings cost the Public Protector R468 574.58, according to Tyelela.
The Commission for Conciliation, Mediation and Arbitration (CCMA) subsequently ordered the Office of the Public Protector to pay Mosana R529 536.56.
Following the CCMA ruling, the office sought legal advice and was informed a review process would cost in the region of R450 000, “but that there was a reasonable prospect of success”.
The Public Protector is now seeking to review the CCMA ruling on Mosana. The matter is still pending.
Livestream Video Below:
Video Courtesy of Parliament.