Legal funding again delays Mkhwebane inquiry
Updated | By Anastasi Mokgobu
The parliamentary committee looking into suspended public protector Busisiwe Mkhwebane's fitness to hold office postponed its sitting on Monday to allow Mkhwebane to appoint a legal team.
The committee was supposed to resume its work on Monday following a month-long break.
The pause in proceedings was meant to allow for Mkhwebane to resolve the impasse over the funding for her legal team.
A month ago, Mkhwebane's legal counsel, Advocate Dali Mpofu, announced to the inquiry that he would no longer be representing Mkhwebane as the Public Protector South Africa has indicated that it would no longer pay for her fees beyond the end of March.
Mpofu said they had hoped for some miracle to end the impasse.
According to PPSA, the total expenditure for her legal fees including the litigation on the impeachment process, as well as the proceedings before the inquiry had reached R26,2 million.
The office said an amount of R14.9 million was originally budgeted for the 2022/ 23 financial year.
Acting Public Protector Kholeka Gcaleka has since informed Parliament that R4 million would be made available.
But Mkhwebane was unhappy with the amount, arguing that the PPSA did not follow proper processes.
"I don't know how R4 million came about and the attorney should determine with the kind of work remaining, then we can proceed," said Mkhwebane.
"The committee as oversight and members of parliament should plead with them to make sure that they follow the proper process. Attorneys should be properly briefed since they terminated their service.
“So I am here, I don't have a legal representative and I would ask and plead with you, let's postpone this hearing, let PPSA follow the proper process, appoint the attorneys, agree on the terms and conditions and then we can proceed with the hearing.”
The committee chairperson Qubudile Dyantyi agreed to the postponement but warned that Mkhwebane will be given only seven days to find a legal representative.
"We are postponing today's inquiry, we are giving the public protector seven days to get legal representation. We are resuming next week Monday with the new or old legal representative.
“This is what needs to be clearly understood, we are going to resume on Monday and the inquiry is going to proceed.
“We are not going to Monday for another discussion on the absence of the legal team, this committee is going to do its work when we resume.”
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