Mkhwebane leaves section 194 committee after chair asks evidence leaders to make presentation
Mkhwebane says evidence leader Nazreen Bawa cannot address evidence she had presented in the absence of her legal representatives
03 April 2023 - 14:36
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Public protector Busisiwe Mkhwebane left the section 194 committee meeting which is probing her fitness to hold office. File photo: FREDDY MAVUNDA
Public protector Busisiwe Mkhwebane left the section 194 inquiry into her fitness to hold office on Monday morning, after committee chairperson Qubudile Dyantyi asked evidence leaders to make a presentation to the committee.
Mkhwebane had told the inquiry she would not be proceeding as she did not have legal representation.
Mkhwebane explained to Dyantyi that after deputy public protector Kholeka Gcaleka wrote a letter on March 1, indicating there would be no legal funding for her appearance before the inquiry from April 1, this placed her in a position where she could not give further instruction to her legal team.
The Constitutional Court held, in a judgment passed last year, that when the section 194 inquiry formally proceeds, the public protector would be entitled to full legal representation in the proceedings.
Dyantyi wanted the evidence leaders to brief the committee on the evidence that had been presented by Mkhwebane in the past six days.
Several committee members said it would not be possible to continue without Mkhwebane being legally represented.
Mkhwebane told Dyantyi she had not finished with her evidence, while Dyantyi had ruled last week that evidence leaders should crossexamine before she finished her evidence.
“How do I then sit here without my legal team? I will have a legal team assisting me to note all the issues, which they are supposed to be noting, so that when I continue presenting my evidence, they also know what the issues are. I do not think that will be proper and fair.”
She said what would be fair was if there were “all hands on deck” to find resources so the inquiry could proceed.
After the tea break, Dyantyi said the committee would discontinue the inquiry and proceed with a committee session.
“I would ask (evidence leader) advocate (Nazreen) Bawa to take members through the parts that I Indicated are important so that we save time when the inquiry resumes. This committee meeting is still open to everybody.”
This prompted Mkhwebane to address Dyantyi , saying this was not a proper process to proceed with.
“It impedes and violates my rights because of what they are going to be saying in the process.”
She said this was illegal and unethical and she would possibly lodge a complaint against the evidence leaders to the Legal Practice Council.
“I am putting this on record. (Bawa) is addressing evidence I presented without my legal team.”
Support our award-winning journalism. The Premium package (digital only) is R30 for the first month and thereafter you pay R129 p/m now ad-free for all subscribers.
Mkhwebane leaves section 194 committee after chair asks evidence leaders to make presentation
Mkhwebane says evidence leader Nazreen Bawa cannot address evidence she had presented in the absence of her legal representatives
Public protector Busisiwe Mkhwebane left the section 194 inquiry into her fitness to hold office on Monday morning, after committee chairperson Qubudile Dyantyi asked evidence leaders to make a presentation to the committee.
Mkhwebane had told the inquiry she would not be proceeding as she did not have legal representation.
Mkhwebane explained to Dyantyi that after deputy public protector Kholeka Gcaleka wrote a letter on March 1, indicating there would be no legal funding for her appearance before the inquiry from April 1, this placed her in a position where she could not give further instruction to her legal team.
The Constitutional Court held, in a judgment passed last year, that when the section 194 inquiry formally proceeds, the public protector would be entitled to full legal representation in the proceedings.
Dyantyi wanted the evidence leaders to brief the committee on the evidence that had been presented by Mkhwebane in the past six days.
Several committee members said it would not be possible to continue without Mkhwebane being legally represented.
Mkhwebane told Dyantyi she had not finished with her evidence, while Dyantyi had ruled last week that evidence leaders should crossexamine before she finished her evidence.
“How do I then sit here without my legal team? I will have a legal team assisting me to note all the issues, which they are supposed to be noting, so that when I continue presenting my evidence, they also know what the issues are. I do not think that will be proper and fair.”
She said what would be fair was if there were “all hands on deck” to find resources so the inquiry could proceed.
After the tea break, Dyantyi said the committee would discontinue the inquiry and proceed with a committee session.
“I would ask (evidence leader) advocate (Nazreen) Bawa to take members through the parts that I Indicated are important so that we save time when the inquiry resumes. This committee meeting is still open to everybody.”
This prompted Mkhwebane to address Dyantyi , saying this was not a proper process to proceed with.
“It impedes and violates my rights because of what they are going to be saying in the process.”
She said this was illegal and unethical and she would possibly lodge a complaint against the evidence leaders to the Legal Practice Council.
“I am putting this on record. (Bawa) is addressing evidence I presented without my legal team.”
Mkhwebane then asked to be excused and left.
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