Cape Town – The inquiry into the fitness of Public Protector Busisiwe Mkhwebane to hold office was delayed Thursday for the second time this week when the testimony of Public Protector South Africa (PPSA) investigator Bianca Mvuyana was postponed indefinitely.
This came after Mvuyana asked to be given an opportunity to make a statement with assistance from Mkwebane’s legal team.
The decision was taken after a protracted showdown between Mkhwebane’s legal counsel, advocate Dali Mpofu, and Section 194 Committee chairperson Qubudile Dyantyi.
The writing was on the wall soon after the meeting started that Mvuyana’s testimony became a bone of contention after it was reported to the committee that she had not made a statement.
Her testimony was delayed last Monday due to a dispute over non-payment of Mkhwebane’s legal team by PPSA and her not being consulted amid the wrangling.
UDM leader Bantu Holomisa asked that the committee engage Mvuyana to make a statement and collaborate with Mkhwebane’s legal team.
This was shot down by Dyantyi. “We are not to ask for the happiness of the public protector about the absence of a statement,” he said.
However, Mpofu objected to testimony by Mvuyana without a statement. Dyantyi overruled him, saying Thursday’s session would deal with Mvuyana’s testimony alone.
He stated that Mkhebane’s legal team should raise concerns with his correspondence in writing for consideration at their next committee meeting.
Dyantyi’s ruling drew points of order from Mpofu, who insisted that their concerns be considered and that Dyantyi withdraw “distortions, untruths and serious insults against the public protector and her legal team” contained in his letter.
Dyantyi would not budge and ordered Mpofu to start leading his evidence.
Addressing the committee, Mkhwebane said her legal team should be given the opportunity to vent its concerns about Dyantyi’s letter, which she said was distorted, insulting and very concerning.
“If you signed it, I wonder if you have gone through and understood it.
The way it is captured, it is insulting,” she said.
Mkhwebane also wanted the committee to be briefed on the resolution of the non-payment of her legal team so that “everyone knows the truth that PPSA was dilly-dallying”.
Dyantyi again did not budge and stated that they would not be dictated to as to how the committee should function.
When Mvuyana eventually took the stand, she said in answer to a question from Mpofu that she had not chosen to opt out of making a statement.
This did not move Dyantyi, who insisted that Mpofu should go ahead with asking questions.
“Witness Bianca Mvuyane has been a witness since November 2022 and there is no reason; there has been no interaction and no work done,” Dyantyi said.
Mpofu said she had been removed from the initial witness list and had been subpoenaed.
“She has a right to make a statement and we have a right to raise questions from the statement,” he said in response.
After asking for a 10-minute break to take instructions, Mpofu reported that Mkhwebane wanted the witness to make a statement and Mvuyana preferred to do so.
“She is willing to return if and when suitable arrangements are made when she exercised her right to make her statement.”
Dyantyi would still hear none of that, saying Mpofu was asking for a postponement.
Parliamentary legal adviser Fatima Ebrahim advised that consideration should be given as to whether that was what Mvuyana wanted to do.
Responding to questions from evidence leader Nazreen Bawa, Mvuyana said: “Now I would like to make a statement before proceeding, and then we can proceed with any questions you may have.”
Bawa said: “Given the witness’ preference, my view is she should be allowed to make a statement.”
Meanwhile, the committee decided to discontinue Friday’s testimony by former deputy public protector Kevin Malunga as his statement was deemed not relevant to the inquiry.
PPSA investigator Rodney Mataboge will give his evidence on Tuesday.
Cape Times
