Twist in Busisiwe Mkhwebane’s probe

Tensions ran high in the Section 194 Committee into Public Protector Busisiwe Mkhwebane’s fitness to hold office on Tuesday, when a request for a postponement led to Advocate Dali Mpofu SC and committee chairperson Qubudile Dyantyi exchanging heated words. Picture: Xabiso Mkhabela and Armand Hough/African News Agency (ANA)

Tensions ran high in the Section 194 Committee into Public Protector Busisiwe Mkhwebane’s fitness to hold office on Tuesday, when a request for a postponement led to Advocate Dali Mpofu SC and committee chairperson Qubudile Dyantyi exchanging heated words. Picture: Xabiso Mkhabela and Armand Hough/African News Agency (ANA)

Published Sep 14, 2022

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Cape Town -The chairperson of the Section 194 Committee into Public Protector Busisiwe Mkhwebane’s fitness to hold office has made a sudden about-turn, postponing the hearings to Monday after initially refusing to do so despite being shown a medical certificate that Mkhwebane could not be present.

Qubudile Dyantyi was embroiled in a heated exchange of words with Mkhwebane’s legal representative Advocate Dali Mpofu SC who had asked for the postponement of the proceedings to allow his client and her legal team to prepare for an urgent application to be heard in the Western Cape High Court.

The drama unfolded when Mpofu was asked about the papers he was filing for the Friday court hearing.

He then read a letter from President Cyril Ramaphosa’s attorneys, opposing Mkhwebane’s application to be immediately reinstated to her position, as the court found in her favour.

When asked to stop reading, Mpofu complained that he was providing the details as requested.

Dyantyi ordered that he be muted from the platform, but later gave him an opportunity to clarify if the postponement was for Tuesday and Wednesday or indefinitely.

Mpofu charged that Dyantyi did not need to adopt the approach he had taken, and he should not be abused.

“You are going to regret it. I am telling you now. Your day will come,” Mpofu said.

He said he was tolerating Dyantyi in the interests of his client. “Otherwise, you are not entitled to abuse me like you are abusing me.

“ I am senior to you in many ways, not just in age but in many ways. You know it, so you have no right to abuse me,” he said.

When Dyantyi asked if he was threatening him, Mpofu said: “Actually it is not a threat. As I said, it is a promise.”

DA MP Annelie Lotriet said she was concerned regarding what had been directed at Dyantyi.

She said there was a breach of the Powers, Privileges and Immunities of Parliament and Provincial Legislatures Act, which prohibited threats being made to any MP.

Freedom Front Plus chief whip Corne Mulder said what Mpofu had done was unheard of.

ANC MP Violet Siwela asked that the matter be investigated. “We are not to intimidate each other,” she said.

However, EFF MP Omphile Maotwe said she was disappointed in Dyantyi for the way he treated Mpofu and for being impatient with him.

“Go home and do introspection. It is not always the case that you will like what we say. You are a chair. You are not supposed to be biased. Don’t make it too obvious which side you are on,” she said.

UDM leader Bantu Holomisa said: “If possible, at least this week grant this request by Advocate Mpofu. The whole country is interested in the case.”

A statement on behalf of the committee said it accepted Mpofu’s request to resume its work on Monday.

“Committee Chairperson Mr Qubudile Dyantyi initially declined the request for all this week’s hearings to stand until next week. However, he made an exception for the cross examination of Ms Nelisiwe Thejane, Executive Manager: Provincial Investigation and Integration: Inland at the Public Protector, which will stand till next Wednesday to allow Adv Mpofu, SC the time requested to prepare.”

Mkhwebane scored a major victory in the Western Cape High Court when it ruled that Ramaphosa’s decision to suspend her was invalid and ‘improper’ – after she sent him questions about the Phala Phala farm break-in. The court set aside Ramaphosa’s decision to suspend her as unlawful.

Now Ramaphosa has joined the DA in blocking Mkhwebane from returning to her office.

Cape Times