Cape Town – The Section 194 committee has taken offence to the letter Public Protector Busisiwe Mkhwebane wrote to chairperson Qubudile Dyantyi, in which she says she wants her demands to be met by Friday.
The letter was a sequel to a Dyantyi’s correspondence, which allegedly contained “distortions, untruths and serious insults to Public Protector and her legal team”.
The letter came against the backdrop of the non-payment of Mkhwebane’s legal team by the Public Protector South Africa and her not giving instruction to her team to consult with a witness, Bianca Mvuyana.
In her 14-page letter, Mkhwebane said Dyantyi’s correspondence contains “disturbingly offensive material”.
Mkhwebane demanded that her legal representatives address the issues raised in her letter and any additional issues, and that Dyantyi unconditionally withdraw the “offensive” letter.
She also demanded that Dyantyi issue an apology in writing which must also be read into the record of the enquiry and that he undertakes to refrain from repeating such conduct in the future.
Mkhwebane gave Dyantyi until February 24 to meet her demands or she would take whatever necessary steps to protect her “violated rights”.
The letter was copied to the National Assembly Speaker Nosiviwe Mapisa-Nqakula and the Commission on Gender Equality.
In his written response, Dyantyi said he did not intend to respond to her various demands other than note that she was at liberty to raise her grievances in whichever forum.
He also said he would leave it to the committee to determine whether they wished to hear from Mkhwebane’s legal representatives.
“I trust whatever steps you take do not scupper or contradict in any way arrangements your counsel had made and agreed to in respect of the further conduct of the hearings,” he said.
During Tuesday’s meeting, several MPs supported Dyantyi’s written response.
DA MP Mimmy Gondwe said they had a job and would like to carry out their mandate.
“I am stunned they could make the demand. It speaks to the disdain and disrespect we have seen displayed. It is concerning,” she said.
ANC MP Jane Mananiso said she supported Dyantyi’s response and noted “this back and forth” to the proceedings of the committee.
ANC deputy chief whip Doris Dlakude said when an application to address the committee was made, they would listen to it but it should not take hours or the whole day.
ANC MP Bheki Nkosi noted the tone and the language used at Thursday’s meeting were transferred in Mkhwebane’s letter.
“It is something I find objectionable,” Nkosi said.
He also said it should be brought to the attention of Mkhwebane “that using that language is not acceptable”.
In summing up the deliberations, Dyantyi said the committee was satisfied with the manner the matter was handled and his response.
“You have raised quite clearly that the tone of the letter of the Public Protector is objectionable and that must be brought to her attention,” he said.
Dyantyi added that it was the decision of the committee that Mkhwebane should make a request to address the committee and this would be granted if there was further need or new things.
“That will be confined when she has to take the stand if they see the need to request to place that on record.
Between now and then the committee would like to focus on dated and timed witnesses, not issues that are unrelated,” he said.
In its revised programme, the committee set aside on Tuesday afternoon for testimony by PPSA investigator Rodney Mataboge, who will continue until Thursday or Friday.
Mvuyana will testify on Monday and Tuesday and former public protector Thuli Madonsela on March 1 and 2.
Mkhwebane will give her testimony from March 15 until 31.
Once a draft report was compiled, Mkhwebane will have an opportunity to comment before a final report was adopted on April 28 for submission in the National Assembly.
Cape Times
