Inquiry gives Mkhwebane two more days to prepare for proceedings

The parliamentary inquiry into suspended public protector Adv Busisiwe Mkhwebane’s fitness to hold office will resume on Wednesday.

The inquiry was adjourned last Monday for a week to grant Mkhwebane time to get legal representation after the public protector's office availed more funds.

“We have given her two additional days to sort out whatever she needs to sort out,” inquiry committee chair Richard Dyantyi told TimesLIVE on Monday.

The inquiry has not held hearings since the end of March due to lack of legal funding for Mkhwebane.

When it met last Monday, Mkhwebane requested a postponement until the public protector's office appointed new lawyers to represent her or to reappoint her previous legal representatives if they are able and willing to continue representing her.

The office availed an additional R4m for Mkhwebane’s legal funding in the inquiry. This is after acting public protector Kholeka Gcaleka told Mkhwebane on March 1 the office would not be able to fund her legal fees beyond March 31, the end of the 2022/23 financial year, a development that saw the inquiry stalled..

In a letter dated May 4 to Dyantyi, Mkhwebane said since the end of March she had had no legal representation and the public protector’s office would need to properly appoint attorneys to represent her.

Mkhwebane said she could not engage lawyers directly, neither would it be proper for her to handle the money availed for her representation.

The committee decided to postpone proceedings for a week.  

National Assembly speaker Nosiviwe Mapisa-Nqakula dropped a bombshell last week, saying the inquiry has to conclude its work by the end of this month or it may have to let Mkhwebane go due to escalating legal fees.

She suggested the process would need to be abandoned as the taxpayer could not fund another month of Mkhwebane's legal fees. The legal costs “have gone way beyond what was anticipated” and it was difficult to get more money, she said.

TimesLIVE