Disclosing fees earned by specific advocates and attorneys involving the office of the public protector had “perpetuated” the racial stereotype that black lawyers were “corrupt” — that they had not earned their fees but the money had simply been funnelled to them.
This was said by Muzi Sikhakhane SC and Vuyani Ngalwana SC, who arrived unannounced on Thursday at the parliamentary committee hearing into the fitness to hold office of suspended public protector Busisiwe Mkhwebane.
The advocates, who said they were representing the Pan African Bar Association of South Africa, were among those named as having been paid part of the R147m Mkhwebane spent on legal fees during her tenure between 2017 to 2022.
This was revealed by Nazreen Bawa while she led the evidence of Neels van der Merwe, senior manager for legal services in the office of the public protector, to show the ever-increasing legal costs incurred over the past few years.
At the start of Thursday’s hearing, at which Van der Merwe is being cross-examined, Bawa placed on record that some of the figures were incorrect and the names of some white lawyers had “dropped off the bottom of the screen”. She said she wanted to revisit this with Van der Merwe.
But advocate Dali Mpofu — who according to the initial figures received R12m in legal fees over the years — objected and said that would be “repeating the offence”. He said Sikhakhane and Ngalwana, who were already in the meeting, wanted to address the committee.
While committee chair Qubudile Dyantyi said he felt “hijacked” — and that the two senior lawyers put their concerns in writing — he gave them 10 minutes to “make the point”.
Sikhakhane said: “We apologise that it looks like a hijack ... but there was no other way. The gravity to black, junior and women professionals is great.
“To assure you, we support the call for accountability. It is public funds, but we reject the notion that perpetuates the stereotype of black people.”
Referring to Bawa, he said: “She has done it before, using her position to project that black lawyers are corrupt. She is not telling us what she is earning as she sits here.
“The common mischief is that Ms Bawa purposely brandished our names, without any context, to the public and read out alarming figures about monies we were supposed to have made, giving the impression that we were looting.”
Sikhakhane said junior members were too scared to speak out. “They are being told they are corrupt by their family members. We are not here to correct the figures ... we are here for accountability for flighting our names.
“In focusing on the figures, she did not focus on the legal services actually rendered. This perpetuates the stereotype that black lawyers have no value. She hung us out to dry.”
He said “the media space was fertile for the anti black narrative” and those named had been splashed as RET tricksters.
Bawa said she reserved the right to respond in future. “I don’t want to delay the process by having a tit-for-tat,” she said.
Dyantyi said the committee would await formal written submissions before deliberating.
Cross-examination of Van der Merwe will continue on Thursday and Friday.
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