Mpofu calls on CR, Gordhan at inquiry
SUSPENDED public protector Busisiwe Mkhwebane has told Parliament’s inquiry into her fitness to hold office to reconsider calling President Cyril Ramaphosa as a voluntary witness so as to “avoid unnecessary litigation”.
Speaking as the committee resumed its hearings after a two-week break, senior counsel for Mkhwebane, Dali Mpofu, complained that they had encountered problems calling five witnesses and that they needed the committee’s assistance.
The five witnesses, including the president, are Public Enterprises Minister Pravin Gordhan, former public protector Thuli Madonsela, DA MP Natasha Mazzone and acting Public Protector Kholeka Gcaleka.
He said they had heard from Gordhan, who said he would indicate this week whether he would be accepting the invitation, but that Madonsela and Mazzone hadn’t responded by last week’s deadline, and they were taking this to mean refusal to co-operate.
Mpofu said Gcaleka had indicated her “unwillingness” to appear before the committee as a witness.
Mpofu said the five were crucial witnesses who would situate the entire enquiry.
Mpofu began the proceedings with an application calling for the removal of the inquiry’s evidence leaders led by Nazreen Bawa, SC.
But before he got into the meat of his complaint, he accused committee chairperson Qubudile Dyantyi of inconsistency – this after Dyantyi said he would give Mkhwebane’s legal team an hour to present their application.
Dyantyi had argued that Parliament has a standard of 45 minutes for presentations from outside parties and that he had given Mkhwebane an extra 15 minutes to state her case with regard to the application, after which the committee would adjourn to make a decision.
Mpofu said this was unfair, reminding the committee that Mkhwebane previously said that she was appearing at the enquiry “under the spell of an illegal, improper and probably criminal suspension.”
In his application, Mpofu accused the evidence leaders of cross-examining witnesses and of allowing the names and fees of black attorneys who worked for the PPSA to be revealed without giving them prior notice. He said they would never have done this to white attorneys.
Meanwhile, the evidence leaders responded in writing to the application by Mpofu. However, through an oversight on the committee secretary’s part, only committee members received the document.
When this emerged, Dyantyi decided to adjourn proceedings until this morning to allow Mpofu and his team time to peruse the document.