Mkhwebane enquiry paused indefinitely, but chairperson tells MPs to be on ‘standby’

Suspended Public Protector Busisiwe Mkhwebane. File picture: Armand Hough/African News Agency (ANA)

Suspended Public Protector Busisiwe Mkhwebane. File picture: Armand Hough/African News Agency (ANA)

Published Apr 19, 2023

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Cape Town - Parliament’s enquiry into suspended Public Protector Busisiwe Mkhwebane’s fitness to hold office has been paused indefinitely until there is concrete news concerning the payment of her legal fees.

Mkhwebane was left without legal representation after the Office of the Public Protector withdrew funding due to budgetary constraints.

Committee chairperson Qubudile Dyantyi on Tuesday told members that while he was unable to give them a date when “the button would be switched on” to resume with the inquiry, they should be on “standby”.

Dyantyi said he could not say anything more about the legal funding “because we don't want to destabilise any efforts that are being undertaken at different levels, but for now we’re going to pause with the committee sessions”.

Committee chairman Qubudile Dyantyi File photo

He said there were “higher offices” dealing with Mkhwebane’s funding and they had given a “very clear and definite commitment” that the process must be concluded.

Dyantyi said the rest of this week was going to be taken up by the important other oversight committees that the MPs serve on and that next week would see MPs go on leave.

“When we come back. It’s going to be a stampede of programmes because we’re going to be interacting with government departments on their strategic and performance plans as well as the budget vote and that is a hectic time for Parliament.”

Earlier, evidence leaders Nazreen Bawa, SC, and advocate Ncumisa Mayosi took the committee through an adverse court judgment against Mkhwebane in a matter involving the SA Revenue Service and accusations that former president Jacob Zuma failed to pay tax during his first months as head of state.

The evidence leaders presented a range of documents, affidavits and judgments.

Mayosi read out a judgment which said in part: “The public protector relies entirely on tweets supposedly sent by the second respondent as a basis for seeking the relief that she sets out in the counter application.”

In another judgment concerning Mkhwebane and Public Enterprises Minister Pravin Gordhan, Bawa read: “What was described in the affidavit is stunning incompetence and irrationality and negligence and also alleges that the public protector is attempting to remove Gordhan from office to achieve political objectives.”

Evidence leader Nazreen Bawa SC. File photo

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