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Mkhwebane will go to court if inquiry chairperson refuses to recuse himself

Suspended Public Protector Busisiwe Mkhwebane briefing the media in Pretoria. Picture: Oupa Mokoena/African News Agency (ANA)

Suspended Public Protector Busisiwe Mkhwebane briefing the media in Pretoria. Picture: Oupa Mokoena/African News Agency (ANA)

Published Jul 18, 2023


Suspended Public Protector Busisiwe Mkhwebane will wait until Friday whether chairperson of the Parliamentary inquiry into her impeachment Qubudile Dyantyi will recuse himself from proceedings.

Mkhwebane filed her application last week for Dyantyi to recuse himself from the inquiry after bribery allegations were made against him and ANC chief whip Pemmy Majodina.

Both Dyantyi and Majodina have denied that they solicited bribes, through late ANC MP Tina Joemat-Pettersson, from Mkhwebane to make the inquiry go away.

Mkhwebane said on Tuesday, during her address to the National Press Club in Pretoria, Dyantyi’s decision on Friday will determine whether she takes the case to court.

But she will wait for Dyantyi to make that decision.

She also demanded that the recusal application be heard in public as it happened the last time.

“I have lodged an application for the recusal of Dyantyi. This is after he failed and refused to recuse himself voluntarily, given this serious allegation against him,” said Mkhwebane.

She added that they have asked the inquiry to call her husband David Skosana to give evidence before the inquiry.

Skosana had met with Joemat-Pettersson where the issue of alleged bribery was discussed.

“Dyantyi has refused to say whether there will be any open or public representation of the application,” she said.

She also added that she did not have lawyers representing her at the moment.

Dyantyi has said the committee will have to complete its work by the end of July.

Another parliamentary committee is busy with the process to appoint the next public protector.

Acting public protector Kholeka Gcaleka is one of the people nominated for the position.

The ad hoc committee, chaired by ANC MP Cyril Xaba, said last week they have to draw up a shortlist of candidates to be interviewed once they are done with comments from the public.

But they want the new public protector to be appointed before October when the term of the current public protector ends.

Mkhwebane said the ball was now in the court of Dyantyi, but if he refuses to recuse himself, she may go to court to challenge the decision.

She said they want the hearing to be in public and not in writing.

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