Suspended public protector Busisiwe Mkhwebane's legal team said Friday effectively marked the end of the road for it as her office had indicated on March 1 it would no longer pay her legal fees after March 31.
“We had hoped between March 1 and now there would be some miracle which would resolve the impasse caused by the letter of the acting public protector, advocate (Kholeka) Gcaleka, that they would no longer be able fund her legal team,” Mkhwebane's counsel Dali Mpofu told the committee conducting a section 194 inquiry into her fitness to hold office.
Mpofu said Mkhwebane had not been able to give her legal team further instructions to continue beyond this point.
“Our instructions are terminated.”
He said when it became clear Mkhwebane would not be able to give the team instructions, it could not say no to other work.
However committee chairperson Qubudile Dyantyi said he hoped a solution to the funding problem would be found at the weekend.
“We are going to leave this meeting public protector with the understanding ... and in the light of what I had indicated there has to be urgent mitigating measures to deal with the risk that you have. We will be back here on Monday, Tuesday, Wednesday and Thursday to conclude the part with your legal team, and thereafter get to evidence leaders and the members,” Dyantyi said.
Mpofu said the issue was about the public protector's entitlement to legal representation, which he said was determined by the Constitutional Court after a long battle.
“Everyone also accepts that in the suspension letter sent by the president on June 9 2022, it is clearly indicated there that the public protector will continue to be entitled to whatever benefits she was entitled to, so is the presidential minute to effect that illegal suspension,” Mpofu said.
Mkhwebane said she did not bring herself before the committee and was participating under protest. She said she would ask Dyantyi to attend the hearings virtually but would not be able to say anything before the committee because she would not have legal representation.
“I think Adv Gcaleka and (public protector CEO) Ms (Thandi) Sibanyoni just need to assist this process, forget about what they are being told or how they deal with this particular issue (and) avail the resources,” Mkhwebane said.
TimesLIVE
Mkhwebane terminates instructions to her legal team after funding dries up
The section 194 committee chairperson remains hopeful the problem of legal funding will be sorted out
Image: FREDDY MUVNDA/BUSINESS DAY
Suspended public protector Busisiwe Mkhwebane's legal team said Friday effectively marked the end of the road for it as her office had indicated on March 1 it would no longer pay her legal fees after March 31.
“We had hoped between March 1 and now there would be some miracle which would resolve the impasse caused by the letter of the acting public protector, advocate (Kholeka) Gcaleka, that they would no longer be able fund her legal team,” Mkhwebane's counsel Dali Mpofu told the committee conducting a section 194 inquiry into her fitness to hold office.
Mpofu said Mkhwebane had not been able to give her legal team further instructions to continue beyond this point.
“Our instructions are terminated.”
He said when it became clear Mkhwebane would not be able to give the team instructions, it could not say no to other work.
However committee chairperson Qubudile Dyantyi said he hoped a solution to the funding problem would be found at the weekend.
“We are going to leave this meeting public protector with the understanding ... and in the light of what I had indicated there has to be urgent mitigating measures to deal with the risk that you have. We will be back here on Monday, Tuesday, Wednesday and Thursday to conclude the part with your legal team, and thereafter get to evidence leaders and the members,” Dyantyi said.
Mpofu said the issue was about the public protector's entitlement to legal representation, which he said was determined by the Constitutional Court after a long battle.
“Everyone also accepts that in the suspension letter sent by the president on June 9 2022, it is clearly indicated there that the public protector will continue to be entitled to whatever benefits she was entitled to, so is the presidential minute to effect that illegal suspension,” Mpofu said.
Mkhwebane said she did not bring herself before the committee and was participating under protest. She said she would ask Dyantyi to attend the hearings virtually but would not be able to say anything before the committee because she would not have legal representation.
“I think Adv Gcaleka and (public protector CEO) Ms (Thandi) Sibanyoni just need to assist this process, forget about what they are being told or how they deal with this particular issue (and) avail the resources,” Mkhwebane said.
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