Mkhwebane gets new lawyers for parliamentary inquiry

25 May 2023 - 13:37
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Suspended public protector Busisiwe Mkhwebane. File photo.
Suspended public protector Busisiwe Mkhwebane. File photo.
Image: Leila Dougan

The solicitor-general has appointed a new legal team to represent suspended public protector Busisiwe Mkhwebane in the parliamentary inquiry into her fitness to hold office.

Parliament’s chief legal adviser Zuraya Adhikarie revealed that new lawyers have been secured for Mkhwebane after her previous team withdrew from the process.

“The solicitor-general has secured the services of a new legal firm of attorneys to brief counsel, and the public protector has indicated she wants to retain Adv Mpofu. The new briefing team is now on board because her previous lawyers have withdrawn,” Adhikarie told the National Assembly programme committee on Thursday.

The work of the section 194 committee came to a halt last week to allow Mkhwebane to find new lawyers to represent her in the inquiry. The last committee meeting was on May 17.

The process has experienced several delays, first due to the public protector office running out of funds for Mkhwebane’s legal representation. When the funds were secured, the committee heard that Mkhwebane’s lawyers were no longer available.

ANC deputy chief whip Doris Dlakude, also a member of the section 194 committee, said the committee agreed to adjourn to give Mkhwebane time to sort out her legal issues with the public protector’s office.

“We want to have a fair process so that we are not accused of proceeding without the public protector not having her legal representatives. But it’s not going to be forever, we gave them a date to say by this time they must be done with that,” said Dlakude.

House chairperson responsible for committees and oversight Cedric Frolick added that together with National Assembly speaker Nosiviwe Mapisa-Nqakula, he had written to committee chair Richard Dyantyi asking for a written update on the inquiry. Frolick said the matter had to reach a conclusion as the process was “just continuing” and there were huge costs involved.

The inquiry has not held hearings since the end of March. This is because acting public protector Kholeka Gcaleka told Mkhwebane on March 1 that the office would not be able to fund her legal fees beyond March 31, which was the end of the 2022/23 financial year.

When the inquiry reconvened early this month after the public protector office availed an additional R4m for Mkhwebane’s legal funding, Mkhwebane requested a postponement until her new lawyers were appointed or her previous legal representatives were reappointed if they are able and willing to continue representing her.

Mkhwebane said she could not engage lawyers directly, nor would it be proper for her to handle the money availed for her representation. She has previously highlighted that a new legal team would have to go through at least a 65,000-page record to be able to properly represent her in her oral evidence. 

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