Mkhwebane inquiry chair: 'I have decided not to recuse myself'

Richard Dyantyi, the chairperson of the parliamentary committee investigating Public Protector Busisiwe Mkhwebane’s fitness to hold office, has decided not to recuse himself from the process.

“Taking the facts into account and having taken time to carefully consider the public protector’s application, I have decided not to recuse myself,” he said on Monday.

“I do so in the belief that the public protector has failed to establish any grounds upon which it can be said that I am biased or that my conduct may give rise to an apprehension of bias,” Dyantyi said.

He said he was satisfied that there was no basis for him to stop discharging the important public function with which he has been charged, as he remained open-minded in his conduct of the proceedings and could say with certainty that he has not reached any firm conclusions in relation to any of the content of the motion.

“I have no preconceived notions as to the outcome of the committee’s work. Indeed, I have emphasised that this must be the position adopted by all members until the conclusion of the hearings.”

Dyantyi said he had listened to the evidence and was acutely aware that the public protector had not yet led her evidence (as had been indicated she intends to do) and had not yet had the opportunity to provide her oral evidence. Nor has she, save for a handful of questions, answered members’ questions yet.

There can be no doubt that the committee’s process must be fair or that the standard has been met, said Dyantyi.

He said the public protector had been aware of the contents of the motion for a significant period of time and before the commencement of the hearings she was afforded the opportunity to make written representations to the committee, but declined to do so.

In addition, Mkhwebane had an opportunity to deal with the written and oral evidence presented by the evidence leaders, may lead her own evidence and respond to questions from members and the evidence leaders, and will, at the end of the hearings, be afforded another opportunity to make representations to the committee in relation to any findings or recommendations before such being adopted by the committee.

“She has, at all times, had the benefit of her legal team’s assistance, and will continue to do so.”

Mkhwebane’s legal representative advocate Dali Mpofu applied last month for Dyantyi to recuse himself, accusing him of being biased, not affording them enough time to question witnesses and alleging that he had a predetermined outcome.

The hearing continues.

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