The section 194 committee probing the fitness to hold office of suspended public protector advocate Busisiwe Mkhwebane was adjourned on Monday amid yet another day of drama. 

The committee was supposed to hear its last witness for this year, Zambian public protector Caroline Zulu-Sokoni, who would testify on Monday wearing her African Ombudsman and Mediators Association (Aoma) hat.

Appearing over video link, Zulu-Sokoni, who was nominated for a judge position 10 days ago, said she had to get permission from the Zambian government to testify.

“The approval is required whenever a government official has to travel out of the country. Even if I was not applying to travel abroad, I would have to inform the government I am addressing the South African parliament. It is a courtesy to my government,” she said.

Zulu-Sokoni said when she was a “young advocate” she had once gone on holiday and was scolded on her return.

“You must get authority, even to go on holiday. Those are our procedures.”

She estimated it would take three weeks to get the required approval.

Mkhwebane’s advocate Dali Mpofu said if Zulu-Sokoni remained unavailable at the end of January, a replacement witness from Aoma would be found.

Mpofu indicated he hoped his client’s court challenge, in which she is seeking the recusal of committee chair Qubudile Dyantyi, would be heard either later this month, or before the committee resumed its work.

Dyantyi cautioned there was a deadline for the committee to finalise its work.

“No extension will be given. We will have to do our best to allocate this witness back in the programme.”

Mpofu asked who had set the deadline.

“Who are they? Who has told you you can’t go beyond a particular date?”

Dyantyi responded: “We have to account. This is not a stand-alone process. It is a parliamentary process.”

Mpofu has previously said he intends to call, through subpoena if necessary, public enterprises minister Pravin Gordhan, former public protector Thuli Madonsela and former DA chief whip Natasha Mazonne, who initiated the inquiry through a parliamentary motion.

He has also challenged President Cyril Rhamaposa to give evidence without which, he said, Mkhwebane’s evidence — that she was not driven by malice, bias or any political agenda when she investigated his “CR 17” fundraising campaign — would remain unchallenged.

On Monday evidence leader advocate Nazreen Bawa told the committee that except for Zulu-Sokoni, “we don’t have any other statements to commence with any witnesses, and we do not know what the plan is going forward”.

The chair directed that she and Mpofu meet privately to resolve the issue. 

EFF committee member Omphile Maotwe was ejected from the virtual meeting when she insisted Bawa explain if the evidence leaders had given the same courtesy of “two months” notice to Mpofu and his team about the witnesses they intended to call.

Dyantyi declined to give Bawa an opportunity to respond.

“You are not the spokesperson for advocate Bawa,” Maotwe said repeatedly,, saying Dyantyi was out of line.

After she refused to back down, he instructed that her microphone be muted and that the sergeant at arms remove her from the meeting.

The hearing is expected to resume on January 30.

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