The section 194 inquiry is investigating whether the suspended public protector is fit for office.
Mkhwebane said she did not give a mandate to her legal team to withdraw.
The drama erupted after committee chair Qubudile Dyantyi told Mkhwebane's legal team their application for an adjournment was declined.
On Thursday morning the legal team submitted an application for an adjournment of the proceedings pending a review court application which they said would be instituted against the inquiry. The team had also written to the section 194 committee informing it of the postponement request.
Mpofu claimed the inquiry was rendered illegal after the rejection, and said further participation would be endorsing the unlawful committee.
He said: “In appropriate circumstances ... an authority should halt its actions when it is aware review proceedings are to be instituted against it. Failure to do so may render the official concerned liable for contempt of court.”
EFF leader Julius Malema said if the inquiry goes on as if it is business as usual, his party would also withdraw.
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LISTEN | Mkhwebane speaks for herself as lawyer Mpofu walks out
Image: Gallo Images
Advocate Dali Mpofu abandoned suspended public protector Busisiwe Mkhwebane's impeachment inquiry on Thursday, leaving her to defend herself.
Listen to the exchange:
The section 194 inquiry is investigating whether the suspended public protector is fit for office.
Mkhwebane said she did not give a mandate to her legal team to withdraw.
The drama erupted after committee chair Qubudile Dyantyi told Mkhwebane's legal team their application for an adjournment was declined.
On Thursday morning the legal team submitted an application for an adjournment of the proceedings pending a review court application which they said would be instituted against the inquiry. The team had also written to the section 194 committee informing it of the postponement request.
Mpofu claimed the inquiry was rendered illegal after the rejection, and said further participation would be endorsing the unlawful committee.
He said: “In appropriate circumstances ... an authority should halt its actions when it is aware review proceedings are to be instituted against it. Failure to do so may render the official concerned liable for contempt of court.”
EFF leader Julius Malema said if the inquiry goes on as if it is business as usual, his party would also withdraw.
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Support independent journalism by subscribing to the Sunday Times. Just R20 for the first month.
READ MORE:
LISTEN | Court, president must protect 'victimised' Mkhwebane: Mpofu
Mkhwebane inquiry chair: 'I have decided not to recuse myself'
My house and the House are separate: DA’s Mileham rejects Mkhwebane’s call for recusal
Mkhwebane’s path back to work beset with hurdles
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