Cape Town - Public Protector Busisiwe Mkhwebane has accused evidence leaders in the inquiry into her fitness to hold office of unethical conduct, and threatened to report them to the Legal Practice Council.
This, after one of the evidence leaders, Advocate Nazreen Bawa, made a presentation to the Section 194 Committee on aspects of the testimony Mkhwebane gave last week, before her funding of legal costs was stopped on March 31.
The committee initially wanted to continue with the presentation as part of the inquiry, but objections were made in light of the absence of Mkhwebane’s legal team.
Committee chairperson, Qubudile Dyantyi, then decided to convene their session as a meeting of the committee “to invite Advocate Bawa to take members through parts that are important to traverse to save time when the inquiry resumes”.
In her presentation, Bawa said the task of assessing evidence fell on the committee and that the evidence leaders assisted the committee.
As she proceeded with her presentation, ATM leader Vuyo Zungula rose on a point of order, saying the presentation should be made by the parliamentary legal services.
In response, Dyantyi insisted that the evidence leaders were assisting the committee.
This prompted Mkhwebane to complain that the evidence leaders were participating in the meeting though they were not MPs.
“This is not a proper process. It is unfair; it impedes and violates my rights,” she said.
Mkhwebane said whatever that was to be said by the evidence leaders “would follow the same way the mainstream was smearing her name”.
“Evidence leaders, how do you play that? Ethically, as legal practitioners how do you allow this process to proceed?” she asked.
EFF MP Omphile Maotwe said Bawa should have packed her bags and left when the inquiry convened to a sitting as a committee.
“This meeting must be adjourned until the Public Protector has got representation.
“What else are we discussing outside the inquiry?” she asked.
UDM leader Bantu Holomisa noted that there was disagreement among the committee members and that it was better Dyantyi consult them before coming to a conclusion.
After a long discussion with other parties making inputs, parliamentary legal advisor Fatima Ebrahim gave her legal advice.
She said Mkhwebane should be afforded an opportunity to deal with whatever evidence was presented at the meeting on Monday.
Ebrahim indicated that the presentation by Bawa sought to equip members to ask questions arising from the gaps and contradictions from Mkhwebane’s testimony.
“It would be ideal if the Public Protector team were here. Unfortunately, that is not the case,” Ebrahim said.
She also stated that nothing would go to the committee’s final report without Mkhwebane being given an opportunity to respond.
Cape Times