Cape Town - Some MPs have pushed for the parliamentary inquiry into the fitness of suspended Public Protector Busisiwe Mkhwebane to hold office, to refrain from asking her questions in-between testimonies before she takes oath to give her evidence.
This emerged when the Section 194 Committee met on Wednesday to consider progress made in the hearings, and consider correspondence from her legal counsel Advocate Dali Mpofu SC.
There were calls for fairness and the need to ensure the inquiry was not delayed.
DA MP Kevin Mileham said he was concerned with the directive that provided for questions to be asked directly to Mkhwebane.
“I don’t think it serves the interests of this committee or fairness,” he said.
ANC MP Gijimani Jim Skosana said questions arising from witnesses should be asked when Mkhwebane was giving evidence.
“The public protector will be with us up to the end. Is it not better to focus on the witnesses and ask all questions before a witness is recused,” Skosana asked.
Parliamentary legal advisor Fatima Ebrahim said the arrangement to ask questions along the proceedings came out of the Constitutional Court judgment.
“The court made it clear that the legal representative can’t give evidence and it does not mean the committee can’t ask the public protector to respond to questions if she has not given evidence under oath,” Ebrahim said.
She, however, noted the sentiment not to ask questions so as not to delay the proceedings.
“Members have a legal right to ask questions if they are necessarily to be asked at that time,” she said, adding that it could be for seeking clarity.
During the meeting, Parliamentarians were emphatic on the need to ensure fairness and that there should be no delaying of the proceedings.
GOOD MP Brett Herron said the MPs should not be overly sensitive that witnesses were vigorously questioned, and that cross-examination of witnesses should be expected.
“The public protector is accused of serious misconduct and breaching the Constitution. These charges are open to being tested,” Herron said.
ANC deputy chief whip Doris Dlakude said they should guard against the throwing of insults and respect should be given to everyone involved in the inquiry.
“We can’t allow this process to be derailed. We are not in a hurry to make a decision, but we have time frames,” Dlakude said.
ATM leader Vuyo Zungula said there should be fairness firstly from evidence leaders by providing a balanced list of witnesses and that there should be no “silly insinuations” by members to suggest Mkhwebane’s legal team was stalling the process.
UDM leader Bantu Holomisa warned against calling witnesses that challenged disciplinary processes in Mkhwebane’s office.
“If we are not careful, we might be viewed as a court of Parliament. The issues they raise tend to be like they are aggrieved persons. Have a policy to bring credible witnesses,” Holomisa said.
Cape Times