When suspended public protector Busisiwe Mkhwebane's lawyer, Dali Mpofu SC, approached the section 194 parliamentary committee investigating his client's fitness for office with an application for suspension of the process, there were two possible outcomes — a win or a loss.

When Mpofu lost after failing to convince the committee, he quit on the spot.

“Good luck, we will see you again, maybe or maybe not,” said Mpofu indicating that he was withdrawing from what he deemed an “illegal” process after not getting his way.

EFF leader Julius Malema followed suit, threatening that the EFF was planning to also withdraw should the committee proceed with Mkhwebane unrepresented.

Malema was also aggrieved, a second reason for wanting to quit, after his plea with the committee for time for the party to consult its lawyers on the by-then defeated application for suspension of the process was shot down.

With Mkhwebane abandoned by Mpofu and her instructing attorneys,, the committee was left in limbo with members not knowing how to proceed.

At the centre of the confusion was Mkhwebane herself, pleading ignorance on why her legal team had abandoned her.

She asked for time to find out and consider whether to try to convince them to continue representing her.

The hybrid sitting of parliamentarians was plunged into pandemonium with members citing the legal quagmire the committee found itself in.

“I did not give a mandate to my legal team to quit. I think that is what they have discussed with the attorneys so for now I am not in a position to tell. I will have to discuss with them,” said Mkhwebane. “If they decide to withdraw, especially the attorney of record, then I will have to find a way of finding an attorney who will have to proceed with the matter or, alternatively, convince the current legal team [as led by Mpofu].”

Malema insisted that Mkhwebane was “entitled” to legal representation and must be afforded time to find a new team or work on convincing Mpofu to return.

 Malema said, "... Chair, because you have decided to proceed with this committee, as the EFF we are considering withdrawing as well because we do not think that we should take these matters lightly.

"[Mpofu] said we are engaged in an illegal process and therefore they are unable to proceed. I said earlier we are asking for an adjournment to consult our legal team. That matter was not considered, we were just brushed off.”

After heated debate with no consensus, committee chair Richard Dyantyi ruled that the sitting be adjourned with a view to seeking a legal opinion on how to proceed, given Mkhwebane's position.

“Let us retreat for tonight. It would help that we go into tomorrow's meeting with matters clarified [rather] than wanting to continue now. We need to take a step back.”  

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