Public Protector impeachment chairperson refuses to recuse himself

Qubudile Richard Dyantyi has been accused of being unfair and biased . Image: Armand Hough/African News Agency(ANA)

Qubudile Richard Dyantyi has been accused of being unfair and biased . Image: Armand Hough/African News Agency(ANA)

Published Oct 17, 2022

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The Chairperson of the Public Protector impeachment Inquiry, Qubudile Dyantyi has refused to recuse himself.

This comes after Advocate Dali Mpofu accused Dyantyi of being unfair and biased in the Parliamentary Inquiry into Public Protector Advocate Busisiwe Mkhwebane’s fitness to hold office.

However, the chairperson has refuted these claims saying he did not act unreasonably towards the Public Protector, and had in fact given her legal team more time than the evidence leaders to question witnesses.

On Monday Dyantyi gave his responses to 12 key complaints contained in the Public Protector’s recusal application.

He said that Mkhwebane and her legal team had failed to establish any grounds upon which they could claim claim bias against him.

"I have decided not to recuse myself. I am satisfied that there is no basis for me to stop discharging the important public function with which I have been charged."

Dyantyi said he was yet to make a final determination and conclusion n relation to the motion or the committee’s work.

"The Public Protector has not as yet led her evidence and has not yet had the opportunity to provide her oral evidence. Nor has the Public Protector, save for a handful of questions, answered members’ questions yet."

Dyantyi referred to time records saying Mkhwebane’s lawyer, Dali Mpofu, has been afforded more time than the evidence leaders to question witnesses.

Speaking to The Star, UDM leader Bantu Holomisa, said his party rejected Dyantyi's refusal to recuse himself and would consult with other parties in parliament on a way forward.

Holomisa also rejected the legal opinion relating to the recusal application of the public protector.

" We reject his refusal and we will consult with other parties who do not agree with the ANC and DA as to how we should approach this. But obviously this is a matter of parliament. So procedurally we should take it up with parliament if we are not satisfied with the chairperson, we should go to the people who appointed him.

“The chairperson is appointed by parliament and particularly the speaker. We will be referring this matter to the speaker. Maybe they will have to think twice because we want a fair process," Holomisa said.