Cape Town - Parliament’s enquiry into suspended Public Protector Busisiwe Mkhwebane’s fitness to hold office has, once again, been put on hold after committee members’ fears about appearing unfair to Mkhwebane, who told them she did not have legal representatives in place.
The enquiry, which paused on April 18 to await news about the payment of Mkhwebane’s legal fees, was ready to continue yesterday, after the announcement last week that the Office of the Public Protector (PPSA) had secured R4 million to fund lawyers for Mkhwebane.
On Friday, days after acting Public Protector Kholeka Gcaleka told Parliament’s justice portfolio committee that the money had been found, committee chairperson Qubudile Dyantyi signalled that the enquiry would continue yesterday.
When the committee sat in a hybrid session at 10am to resume its work, Dyantyi outlined a proposed revised 22-day programme to take the enquiry to its conclusion, including a four-day period for Mkhwebane to complete her evidence.
However, when Dyantyi gave Mkhwebane an opportunity to make remarks before the committee resumed, she said she was without representation “and we cannot move forward until the issue is resolved’’.
She said that when in March, the PPSA CEO Thandi Sibanyoni wrote a letter to her lawyers saying there was no more budget for Mkhwebane’s legal funding, she had effectively terminated her legal representation.
Mkhwebane said: “I am sitting here without a legal team to represent me.”
Last week, Mkhwebane approached the Constitutional Court in a bid to get unrestricted funding for her legal representation, and, yesterday, she said the R4m budget was “unfortunate”.
Mkhwebane said her lawyers had said they would not proceed and, in any case, it was not for her to engage lawyers on fees and that the “proper” way forward would be for the PPSA to approach the attorneys to negotiate the payments. “Let’s postpone and let the PPSA follow the proper steps, and then we can proceed,” she said.
Given a chance to respond to Mkhwebane, committee member Kevin Mileham (DA) said his understanding was that now that the money had been found by the PPSA, the process should resume, and there was no need for a new procurement process.
Committee member Bheki Nkosi (ANC) said resolving matters of how Mkhwebane’s legal fees should be paid was not in the committee’s purview. He, however, suggested that proceedings be paused to allow Mkhwebane to get lawyers.
ACDP MP Marie Sukers said the committee had been fair but the time had come to consider the taxpayer, and there was no excuse to continually delay the process.
EFF MP Omphile Maotwe said the legal fees issue needed to be resolved, while ATM party leader Vuyo Zungula also called for a pause.
Dyantyi decided to postpone the proceedings until Monday, when he said they would resume either with new legal representatives or the former team.