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The section 194 committee is investigating suspended public protector Busisiwe Mkhwebane's fitness to hold office.
The section 194 committee is investigating suspended public protector Busisiwe Mkhwebane's fitness to hold office.
Image: Screenshot/Parliament of RSA Youtube

Parliament has confirmed that the two evidence leaders in the section 194 inquiry into suspended public protector Busisiwe Mkhwebane’s fitness to hold office are paid R2,800 and R2,500 an hour. 

This means for an eight-hour day advocates Nazreen Bawa (SC) and Ncumisa Mayosi charge R22,400 and R20,000 respectively. They have worked every day over the past year, according to parliament officials.

Parliament’s chief legal adviser Zuraya Adhikarie revealed the amounts while answering journalists’ questions during an engagement between secretary to parliament Xolile George and the Press Gallery Association on Monday about George’s first year in office. 

The issue of the fees paid to the evidence leaders has previously been raised by critics of the section 194 inquiry, including Busisiwe Mkhwebane and her lawyers. This was as the cost of the inquiry and of Mkhwebane’s legal representation escalated leading to the suspension of hearings at the end of March.

Adhikarie said as with all legal counsel, parliament briefs them through the state attorney. 

The state attorney takes six to 12 months to invoice parliament and it reimburses them for costs.

“At this point we don’t have a consolidated amount that will give a fair reflection, but the senior counsel (Bawa) is R2,800 per hour and the junior counsel (Mayosi) is R2,500 per hour. They have worked consistently every day for the past year on this matter,” she said. 

Division manager for core business support Resida Begg said the institution had paid about R4m for the counsel by March 31. But the invoices from the state attorney are delayed so the R4m may not be a true reflection of what they have earned.

“The arrangement with the state attorney is based on a negotiated rate. When parliament procures these services, we do so at a reduced rate compared to what a counsel would normally charge standard clients,” she said. 

In June, the inquiry heard that advocate Dali Mpofu was charging R45,000 a day and that he would return to the inquiry if his rate was increased to R51,000 a day and that of his two juniors, from R27,000 to R30,000 for Bright Shabalala and from R18,000 to R21,000 for Benedict Matlhape. 

On Sunday, the section 194 committee sustained the charges of incompetence and misconduct against Mkhwebane as found by an independent panel led by retired Constitutional Court judge Bess Nkabinde in 2021.

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