Parties divided on call for recusal of Qubudile Dyantyi as chairperson of Busisiwe Mkhwebane inquiry

The majority of the members of the parliamentary committee looking into suspended public protector Busisiwe Mkhwebane’s fitness to hold office are opposed to the recusal of the committee's chairperson.

On Friday, members made submissions on an application by Mkhwebane’s legal counsel advocate Dali Mpofu SC.

Mpofu has applied for Qubudile Dyantyi, who is heading Mkhwebane’s impeachment inquiry, to step aside, claiming he is “unfit” for the role.

Parliamentary legal adviser Fatima Ebrahim kicked off the proceedings by giving a legal overview of what has been happening with the case.

Ebrahim said in ordinary cases of recusal, it’s the person whose recusal is being sought who presides over the case, but they would also decide on whether the application should be granted.

“We recently had an application for recusal for judge (Raymond) Zondo in the state capture commission by the former president. He listened and presided over that application and he himself made a determination that he should not be recused,” Ebrahim said.

She, however, told members the current process was different to a judicial one where there is one presiding officer. The difference is that the committee chairperson serves at the behest of the members, while the members were there at the behest of their parties.

“This is not a one-man show where you as the chairperson will ultimately make a recommendation to the assembly on whether the public protector has misconducted herself or is incompetent as alleged,” she said.

Ebrahim said all committee members will need to participate in making a recommendation to the assembly on the removal of Mkhwebane.

She said the committee might need to get external legal advice on the Dyantyi issue.

The DA's Mimmy Gondwe said she doesn’t support the recusal application because Mkhwebane had consistently maintained that she is participating in the section 194 process under protest.

The ANC's Doris Dlakude also said she is not in support of the recusal of the chairperson.

She said members witnessed the abuse of the chairperson and other members at the hands of Mpofu but they kept their cool as they did not want to be judged.

The UDM's Bantu Holomisa said he supports the view of the legal adviser that they might have to consider asking for independent legal advice to avoid making a mistake.

Ganief Hendricks of Al Jama-ah had a different view.

He said there was a vigorous process followed to appoint the public protector and she must be allowed to serve her full term of office.

“Committee is a creature of parliament and parliament was involved in the process to appoint the public protector. This inquiry has dragged on for too long and is an expensive process that is costing R1m a day. There should be timelines,” he said.

EFF member Omphile Maotwe was also opposed to the general views shared by the majority of committee members and said they needed to be honest and reflect on how they treated Mkhwebane.

“We should have a reality check for all members. We need to reflect deeply on the manner and conduct of this committee. There is a reasonable ground put on the one side. That is what they are putting on the table. You lose nothing by recusing yourself. To the ANC members, you don’t always have to be partisan. Let’s use facts on the table. The public protector has solid grounds. Let’s not waste public money on a matter that we might lose in court. Let’s set the precedent with the future in mind. If we proceed with an unfair process then we are wasting time and money,” she said.

The chairperson said he will deliberate on members' submissions and announce his decision on a date still to be decided. 

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