Cape Town - Advocate Dali Mpofu confirmed on Wednesday that his legal team was asking that President Cyril Ramaphosa be subpoenaed to testify in the inquiry into the fitness of Public Protector Busisiwe Mkhwebane to hold office.
Mpofu said this when he made his opening remarks at the start of cross-examination of a former investigator in the Office of Public Protector, Advocate Livhuwani Tshiwalule.
This comes after media reports surfaced that Mkhwebane’s legal team has written to the Section 194 Committee asking that Ramaphosa be subpoenaed.
“By now you would have received a letter from us on the 8th, a day before the public holiday, pertaining to the request we make to you to take the necessary steps to subpoena or summon President Cyril Ramaphosa given the report that we last gave that he had declined the invitation to appear voluntarily,” Mpofu said.
He said the letter has either reached the committee chairperson or that it was still in the pipeline.
“There have been enquiries but we didn't want to release it to the public domain before we place it on record here,” he said.
Last month, Mpofu indicated that Mkhwebane intended to call Ramaphosa to testify in the inquiry before he cross-examined former Sars executive Johann van Loggerenberg a few weeks ago.
“We are going to call the president. We are to write to him today or tomorrow to ask him, in line with the directives, if he is willing to come voluntarily. If not, we will initiate the process for him to be summoned,” he had said.
He had made the initial announcement a day after Ramaphosa shot down a request by UDM leader Bantu Holomisa that he should appear before the inquiry.
Mpofu said the planned appearance of Ramaphosa would not be dealing with the suspension of Mkhwebane, but “the fact that he made certain accusation against the Public Protector saying she is guilty of perjury and all sorts of things, which will be impeachable if they are true”.
He also indicated that the testimony will be in connection with the CR17 campaign and Bosasa, among others.
Mpofu told the committee that there was another letter coming its way on witnesses who have already testified before the committee.
“That separate letter is regarding the recall of witnesses that still have outstanding cross-examination we did not finish, Mr van Loggerenberg and Mr Pillay,” he said.
Van Loggerenberg was among the witnesses that testified in the first week of the inquiry's hearings.
Pillay, a former deputy commissioner of Sars, testified before the committee last Friday.
Committee chairperson Qubudile Dyantyi said he took note of Mpofus’s letters.
“We will wait for both letters and we will give you feedback on both issues,” Dyantyi said.