Madonsela off the hook at inquiry into Mkhwebane’s fitness to hold office, for now

Former public protector Thuli Madonsela briefly appeared online at the committee. Screenshot

Former public protector Thuli Madonsela briefly appeared online at the committee. Screenshot

Published Mar 2, 2023

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Cape Town - Former public protector Thuli Madonsela yesterday failed to give her oral testimony to the inquiry into her successor Busisiwe Mkhwebane’s fitness to hold office.

However, if Mkhwebane’s senior counsel, Dali Mpofu, has his way, she will be back before the committee “sooner or later”.

Madonsela, who had been summoned by the committee for two days of testimony beginning yesterday, spent the morning on the committee’s virtual platform waiting to be led in evidence by the committee’s senior counsel, Nazreen Bawa.

She had been expected to testify on the PPSA’s Vrede Dairy investigation as well as the CIEX/South African Reserve Bank investigation.

However, arguments over an amended statement that she sent yesterday, and whether it superseded her original statement, or was even admissible prevented this.

In the end, Madonsela only made a brief online appearance before committee chairperson Qubudile Dyantyi excused her while apologising for having wasted her time.

During her short appearance, Madonsela assured the committee that she was available to assist whenever she was called upon to do so.

When it appeared as though the committee was going to excuse Madonsela’s oral testimony while accepting her written statement, Mpofu said his team would either take the matter to the courts or make a fresh application for her to be subpoenaed.

“We’ll see her sooner or later.”

On Tuesday the committee had declined a request from Mkhwebane to postpone Madonsela’s testimony until an undetermined date.

The committee met on Tuesday evening after concluding its daily hearings to discuss a letter from Seanego attorneys, who represent Mkhwebane, asking for the postponement.

The letter requested that the outstanding evidence of PPSA chief investigator Rodney Mataboge be heard on Wednesday.

As things worked out, both wishes came true for the Mkhwebane team as Mataboge resumed his testimony on Wednesday afternoon following Madonsela’s dismissal.

Yesterday Mkhwebane’s legal team repeated their request for the committee to reconsider its decision not to call President Cyril Ramaphosa, Minister Pravin Gordhan and DA MP Natasha Mazzone.