Cape Town - Public Protector Busisiwe Mkhwebane pleaded in vain to have the impeachment inquiry into her fitness to hold office halted in the absence of her legal counsel.
She had been given until Monday to sort out her legal representation issues after her team, led by advocate Dali Mpofu SC, walked out of the inquiry.
This was after their application for a postponement pending her review application was declined.
Mkhwebane told the inquiry on Tuesday she had tried everything in her power to determine, clarify and reconfirm the situation of her constitutionally enshrined right to legal representation in the Section 194 inquiry and position of her current legal team of attorney and advocates.
“As stated, it was never the case that any of my legal representatives withdrew from representing me or walked out, as alleged by some members of the committee, the parliament legal services and some sections of the media, who are hostile to me,” she said.
Mkhwebane said Seanego Attorneys were still representing her.
“I can similarly reaffirm the advocates are my team of choice as briefed by the attorneys. They remain in place,” she said.
She was scheduled to hold an urgent consultation with her legal counsel upon their availability either Tuesday evening or Wednesday.
“They are not available to attend today, this week actually.”
Theo Seanego, of Seanago attorneys, who was on the virtual platform, confirmed they were still acting for Mkhwebane.
“We further confirm that we have not terminated counsel’s brief on the matter,” he said.
Mkhwebane indicated that until last Friday, there were no scheduled committee meetings and a revised programme for this week had nothing.
She also said her legal team needed to prepare papers for a date in the Constitutional Court after Chief Justice Raymond Zondo issued directives for the application brought by her, the DA and President Cyril Ramaphosa.
She also noted the appeal record by the DA covered over 2 000 pages, and her legal team had to finalise a judicial review application and would only be available from next Monday.
However, several MPs noted there was no explanation on what happened last week when the legal team walked out on Thursday.
Some raised concerns about delays in the inquiry.
DA MP Kevin Mileham said Mkhwebane and her team were advised repeatedly before the walkout that, in the event of the postponement application failing, the committee would proceed with witnesses.
Mileham accused Mkhwebane of being disingenuous and claimed there was a bit of mischief at play.
But ATM leader Vuyo Zungula said it would be unfair to make Mkhwebane answer for the actions of her advocate and there was a list of court cases her legal counsel had to prepare for.
“Proceeding without the legal representative of the public protector would be undermining the judgment of the Constitutional Court and would be in contempt of that judgement,” Zungula said
ANC deputy chief whip Doris Dlakude said they acknowledged the constitutional rights of Mkhwebane to legal representation, but the committee had work to do.
“I believe we are protected by the Constitution and rules of Parliament. I don’t understand why they walked out last week.” Dlakude said.
UDM leader Bantu Holomisa said there should be no leading of witnesses and that the proceedings should be postponed.
But committee chairperson Qubudile Dyantyi asked what made Seanego not attend Friday’s proceedings because he knew before the scheduled meeting.
This prompted EFF leader Julius Malema to say Seanego was not accountable to the committee.
“If you have got an issue, it is the public protector who is accountable to you,” Malema said.
Dyantyi would hear none of this, and Seanego explained they had notified the committee they would deal with the application for adjournment last week.
“I don’t think it is appropriate to be answering questions where I am cross-questioned about what happened that day,” he said, before suggesting Mpofu could speak on the matter on his return.
After some discussions, Dyantyi ruled they would resume with proceedings, in line with their Friday decision to lead evidence on Tuesday and Wednesday.
When Public Protector South Africa senior manager for legal services Cornelius van der Merwe was being sworn in, Mkhwebane asked to be excused from the proceedings. Dyantyi declined the request.
“Because I do not have my legal representation, I will just sit here. It’s fine,” she said.
Cape Times