Cape Town - The inquiry into the fitness of Public Protector Busisiwe Mkhwebane to hold office has again been postponed to allow her to find a new legal representative.
This after Seanego Attorneys withdrew, citing professional reasons, but her legal counsel advocate Dali Mpofu SC was still available.
The inquiry, which gave Mkhwebane until Wednesday to obtain legal representation, heard that she had not succeeded to so.
The postponement followed correspondence between Mkhwebane, the Section 194 Committee, Public Protector South Africa (PPSA), Seanego Attorneys and solicitor-general.
Parliamentary legal adviser Fatima Ebrahim took the committee through the correspondence.
Ebrahim said they had received correspondence from PPSA confirming that there was nothing preventing Mkhwebane from instructing her legal team as their brief was not terminated.
“We then received correspondence from Seanego indicating for profession(al) reasons they no longer act on behalf of the public protector,” she said.
The committee also wrote to PPSA asking if they could not approach the solicitor-general to assist Mkhwebane obtain legal representation, but the solicitor-general turned down the request on grounds of a conflict of interest – in apparent reference to the office being instrumental in appointing the inquiry’s evidence leaders.
“They have however indicated that they can assist with outsourcing of private attorneys at applicable tariffs,” Ebrahim said.
It had been assumed that Seanego would be the first choice attorneys and Tshani Attorneys be the second option for Mkhwebane.
“The solicitor-general says the issue of funding and budget are not an open cheque book exercise and suggests negotiation of fees, streamlining of the legal team and the PPSA to seek cost-containing measures when engaging with the legal team.”
Speaking at the meeting, Mkhwebane said she had asked PPSA to approach Seanego or Tshana Attorneys as she could not deal with operational issues
“I discovered Seanego wrote to the committee indicating his unavailability. I never said I agree to the use State attorney,” she said.
She noted that she did not know the solicitor-general approach and would not have agreed since the office could not act on her and evidence leaders.
“I gave the second option. I am not involved in operational issues. PPSA CEO, as the accounting officer, is obligated to facilitate the process,” Mkhwebane said.
She indicated that Mpofu, who was appearing in a different matter On Wednesday, was “available as soon we have an attorney who will brief them”.
After committee chairperson Qubudile Dyantyi asked Mkhwebane about the reasons for the professional reasons for Seanego’s withdrawal from representing her and related matters, some of he opposition parties raised concerns that they were called to a meeting when administrative matters were being dealt (with).
EFF MP Omphile Maotwe said: “Can the issue of legal team be resolved and us as the committee be called to continue with this meeting, not what we are doing. It’s a complete waste of time.”
ATM leader Vuyo Zungula said they should be called to the inquiry when the issue of legal representation had been sorted.
“Only bring us to a meeting when that has been sorted,” Zungula said.
EFF leader Julius Malema echoed the same sentiments shared by Zungula and Maotwe.
“We are busy of different types of things. To be convened like this as if we are people with no responsibilities (and) expect to being on standby for this, is a problem,” Malema said, adding that someone had not done his or her job on the administration side of the inquiry.
DA MP Kevin Mileham warned against delaying tactics.
“We as the committee must insist that the process continue and we hear her evidence as a matter of urgency,” Mileham said.
Dyantyi said they shared information on the efforts they made in the past seven days.
“It would not be correct to project nothing would have happened. There is lot things that happened,” he said.
Dyantyi also said they were now at a point to get legal support of the public protector in terms of attorney of record.
“The public protector confirmed her senior counsel remains,” he said, adding that they would finalise the matter and revise their programme in line with the available funding.
Cape Times