Section 194 Committee under pressure to complete Mkhwebane inquiry

Pressure is mounting on the Section 194 Committee to complete its work on the inquiry into the fitness of Public Protector Busisiwe Mkhwebane to hold office. Picture: Phando Jikelo/African News Agency (ANA)

Pressure is mounting on the Section 194 Committee to complete its work on the inquiry into the fitness of Public Protector Busisiwe Mkhwebane to hold office. Picture: Phando Jikelo/African News Agency (ANA)

Published May 15, 2023

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Cape Town - Pressure is mounting on the Section 194 Committee to complete its work on the inquiry into the fitness of Public Protector Busisiwe Mkhwebane to hold office.

There are fears that there will be no further funding allocated for Mkhwebane’s legal fees after R4million was made available after Public Protector South Africa (PPSA) ran out of funds to pay the legal fees in March.

On Monday, the committee is expected to resume its inquiry after it gave Mkhwebane last week an opportunity to find legal representation.

It has changed its programme and now plans to finish on June 26.

National Assembly Speaker Nosiviwe Mapisa-Nqakula expressed her displeasure that the committee was requesting to do its work until June 26 when it was meant to submit its report at the end of May.

“I am raising this ... not being insensitive to the work of the committee. It is because of the difficulties of finding money for the continuation of that work of that committee,” she said.

Mapisa-Nqakula said the R4m was meant to cover legal fees until the end of May.

“Come end of May, we will not be able to push any further for anyone to make money available for the legal costs,” she said.

She stated that it had been difficult to secure the funds.

“If we are to stop this process midway before completion, there will be an audit finding against Parliament.

Really, there will be a finding against the Office of the Public Protector,” she added.

She noted that there was a likely inquiry against the head of the Commission for Gender Equality and that there was likely a situation of a struggle to find funding again.

“We really have been battling to get this money (R4m) for this process. I am not prepared to get any more money and I am not doing it again.

“It’s either people continue and complete at the end of May or the process collapses. In that case, the Public Protector walks away without the conclusion of the case,” Mapisa-Nqakula added.

The Speaker was also concerned that they were back in court after they found money to pay the incumbent’s legal fees following the latest application by Mkhwebane in the Constitutional Court.

“We filed papers and hopefully the matter will not be delayed any further,” she said, adding that the committee’s chairperson Qubudile Dyantyi “must finalise the process”.

Freedom Front Plus chief whip Corne Mulder said he was proven correct that the inquiry would drag on for months.

Mulder speculated that a request for more money would be made next month and suggested Mkhwebane approach Legal Aid SA for legal assistance.

He decried that huge costs were paid Mkhwebane legal fees, which were standing at R30m to date.

“We can’t let the case fall or let the Public Protector walk away,” he said.

DA MP Annelie Lotriet said the inquiry could not be allowed to collapse otherwise there would be fruitless and wasteful expenditure.

Lotriet said while the court had ruled that Mkhwebane was entitled to legal representation, it did not imply that the most expensive legal services could be found.

IFP MP Narend Singh said Parliament could not afford to abandon the inquiry.

“Is it not possible for Parliament to ask for an urgent declaratory on what should be done and explain where we find ourselves?” Singh asked.

Cape Times