Mkhwebane enquiry resumes sitting with evidence expected from subpoenaed witness

Advocate Dali Mpofu and suspended Public Protector Busisiwe Mkhwebane at the inquiry on a previous occasion. Picture: Armand Hough/African News Agency (ANA)

Advocate Dali Mpofu and suspended Public Protector Busisiwe Mkhwebane at the inquiry on a previous occasion. Picture: Armand Hough/African News Agency (ANA)

Published Feb 13, 2023

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Cape Town - Parliament’s inquiry committee into suspended Public Protector Busisiwe Mkhwebane’s fitness to hold office resumes its hearings this morning after a fortnight’s break with evidence expected from a subpoenaed witness, public protector (PPSA) investigator Bianca Mvuyana.

When the committee adjourned on February 1, it confirmed that it had resolved to request PPSA chief investigator Rodney Mataboge to assist with his testimony as he worked closely with Mvuyana.

A request was also to be made to Kevin Malunga, the former deputy public protector, to assist the committee with his testimony.

The committee reaffirmed its decision to summon former public protector Thuli Madonsela to appear before it to answer questions despite her having written a letter declining a request for her to appear before the committee as a witness.

The request had been made by Mkhwebane’s legal team, who had approached Madonsela in November last year.

Committee chairperson Qubudile Dyantyi said the committee believed Madonsela could add value to the process as she handled some of the investigations that are before the committee.

File photo of committee chairperson Qubudile Dyantyi.

During its last meeting before the adjournment, the committee discussed the letter in which Madonsela presented her reasons for declining to appear before the committee.

In the letter Madonsela said she did not see a rational connection between most of the matters the PP wished to put to her and the inquiry, which stemmed from judgments by courts, up to the Constitutional Court, regarding Mkhwebane’s integrity, honesty and professional competence.

Madonsela said the information sought was with the PPSA as an institution and said she did not take any records or emails with her at the end of her tenure.

“Having left the institution more than six years ago, it is the institution that is best suited to respond to questions regarding its relationship with organs of state in line with its constitutional position as an independent constitutional institution that is set up to hold other organs of state accountable, including the State Security Agency,” she said.

However, Dyantyi said the committee still felt Madonsela could contribute to the work of the committee, especially on matters related to the delay of some of the key investigations.

Former public protector Thuli Madonsela. Picture Henk Kruger/Cape Argus

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