Mkhwebane inquiry postponed to allow her to consult lawyers

The parliamentary inquiry into suspended public protector Busisiwe Mkhwebane’s fitness to hold office has been adjourned until Tuesday to allow her time to consult her legal team.

On Friday the inquiry postponed the hearing after lengthy debate in the divided committee.

Mkhwebane asked for the hearing to be postponed until at least November 7. She said she would use the time to consult her legal team on a way forward.

On Thursday, Mkhwebane’s legal team led by advocate Dali Mpofu walked out of the hearing after his application to suspend the proceedings was declined.

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

On Friday, Mkhwebane appeared without legal representation.

Committee chair Richard Dyantyi earlier told members there were late-night discussions between his office and Mkhwebane. He did not go into detail and said Mkhwebane would inform the members.

Mkhwebane said: “I telephonically contacted the director of my legal firm, Seanego Attorneys, and he confirmed he will be in a position to consult me by Monday or Tuesday next week. The future participation of my counsel team will be clarified once I have had a formal audience with them after the meeting with my attorney.

“After these meetings, I will be able to give a more informed indication of the way forward. Hopefully, by no later than the end of next week or the beginning of the following week, by no later than November 7.”

This met with mixed reactions from MPs, who were divided on how to proceed. Most believed proceedings could go ahead, even if Mkhwebane was not legally represented.

Parliament’s legal adviser Fatima Ebrahim said the process was unprecedented.

“As I have been saying from the beginning, this is a process dependent on procedural fairness,” she said.

Members needed to take stock of what transpired on Thursday, she said.

“Mpofu came to the committee yesterday and made it clear that in his view the application for adjournment would be refused. He said it came as no surprise.”

Mpofu never indicated to the committee he had instructions that should the application be declined he would withdraw. Mkhwebane also said she had not terminated the team's services.

Ebrahim said though Mkhwebane was entitled to legal representation, it was not an absolute right. The committee could choose to give her a short while to sort out her legal issues.

She cautioned members that should Mkhwebane seek new legal representation, they should be aware that the team would need time to familiarise themselves with the record. That might take until the middle of next year as there were about 11,000 pages of evidence.

Freedom Front Plus MP Corne Mulder said it was clear from the beginning that Mpofu wanted to keep the committee busy until Mkhwebane’s term of office expired. Parliament could not be held to ransom and the inquiry should continue, he said.

EFF MP Omphile Maotwe said Mkhwebane should be given the time she needed to sort out her legal issues.

“You [Dyantyi] gave yourself two weeks to decide on your recusal. Why can’t you extend the same courtesy to the public protector?” Maotwe asked.

ANC MP Bheki Nkosi said proceedings should go ahead because the walkout on Thursday was clearly “staged” and Mkhwebane was aware of it.

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