Section 194 inquiry into Public Protector Mkhwebane's fitness to hold office halted as legal representation becomes contentious issue
According to a statement made by Mkhwebane, she asserts that evidence leader Nazreen Bawa is not able to speak to the evidence presented in her absence of legal representatives.
On Monday morning, Public Protector Busisiwe Mkhwebane left the section 194 inquiry into her fitness to hold office after committee chairperson Qubudile Dyantyi asked evidence leaders to make a presentation to the committee.
Mkhwebane explained to Dyantyi that after deputy public protector Kholeka Gcaleka wrote a letter on March 1, indicating there would be no legal funding for her appearance before the inquiry from April 1, this placed her in a position where she could not give further instruction to her legal team.
The Constitutional Court held in a judgment passed last year that when the section 194 enquiry formally proceeds, the public protector would be entitled to full legal representation in the proceedings.
Dyantyi wanted the evidence leaders to brief the committee on the evidence that had been presented by Mkhwebane in the past six days. However, a number of committee members said it would not be possible to continue without Mkhwebane being legally represented.
Mkhwebane told Dyantyi that she had not finished with her evidence, while Dyantyi had ruled last week that evidence leaders should cross-examine before she finished her evidence