Busisiwe Mkhwebane demands a halt to section 194 committee meeting

Mkhwebane alleges the presentation by evidence leaders is for the sake of cheap publicity and does not give her legal representatives the chance to object on the spot.

04 April 2023 - 12:19
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Suspended public protector Busisiwe Mkhwebane has called for the section 194 inquiry into her fitness to hold office to stop the committee meeting where evidence leaders are presenting evidence. File image
Suspended public protector Busisiwe Mkhwebane has called for the section 194 inquiry into her fitness to hold office to stop the committee meeting where evidence leaders are presenting evidence. File image
Image: Thulani Mbele

Suspended public protector Busisiwe Mkhwebane says the analysis by evidence leaders of her evidence is designed to conduct a damage control exercise after the evidence she led regarding the CR17 donations and “rogue unit” scandals. 

Mkhwebane alleged this in a letter to the chairperson of the 194 committee probing her fitness to hold office on Tuesday. 

The committee continued to hear an analysis of evidence from evidence leaders on Tuesday, despite Mkhwebane’s objections. 

In her letter, she demanded the committee refrain from continuing with the alleged illegal “committee meeting” forthwith. She said failure to do so would result in her taking whatever steps available to her without further notice to the committee. 

Mkhwebane, who appeared virtually on Tuesday, raised her hand to attract the attention of committee chairperson Qubudile Dyantyi. Dyantyi noted her presence and said this was a committee meeting and people participating were members only. 

He said Mkhwebane had to find another way to communicate with him and he was only allowing committee members to participate. 

Mkhwebane informed Dyantyi she had written an urgent letter to the committee and Dyantyi and pointed out evidence leaders were not members of the committee.

Dyantyi ordered Mkhwebane be muted, saying she was “completely” out of order. 

Mkhwebane released her letter to Dyantyi on social media. 

In the letter, she said the postponement of the inquiry proceedings only to be replaced by a “committee meeting” was an opportunity given to the evidence leaders to present closing arguments regarding the merits of some of the charges contained in the motion by DA MP Natasha Mazzone to remove her from office. 

She said the postponement of the inquiry on Monday until her funding crisis could be resolved was a sensible step.

What was most puzzling, she said, was Dyantyi’s unilateral decision to invite the evidence leaders to present an analysis of the evidence led thus far by her before the committee. 

Mkhwebane said what had been labelled as a committee meeting was a backdoor inquiry thinly disguised as a “meeting”.

Doing so while her evidence was still being led was a travesty of justice.

“The only obvious objectives of the exercise are to conduct a damage control exercise following the evidence I led in respect of the CR17 and ‘rogue unit’ scandals, for the sake of cheap publicity and without affording me or my legal representatives the opportunity to object or respond on the spot.”

Mkhwebane said this was grossly prejudicial and unfair.

She alleged the presentation by evidence leaders was designed to poison the minds of the members of the committee and unsuspecting members of the public against her. 

She said the excuse that the intention of the presentation was to “empower” the members of the committee was false and laughable. 

Mkhwebane had demanded the committee respond to her demand by no later than 1pm on Thursday.

“In such a response please also furnish me with full and adequate reasons for any refusal to accede to this demand.”

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