The Section 194 Inquiry was unable to hear evidence from suspended Public Protector Busisiwe Mkhwebane because she was unavailable.
Mkhwebane was expected to resume his testimony on Thursday, but it was revealed that the Public Protector has been booked until next Tuesday due to his illness.
“Please, but quickly inform the chairman that I am ordered from today, March 22, to March 27. Unfortunately I will not be able to attend the trial. I will be able to attend on March 28. I will show the sick note if necessary,” he emailed sent to Committee Section 194 read.
‘Quick recovery’
Committee chairman Qubudile Dyantyi confirmed that he requested and received Mkhwebane’s health certificate.
“I will not share the details of this meeting,” he said, adding that “nothing can happen until he can come.” [and testify]”.
Dyantyi said the committee would be forced to alter the program due to the number of days lost since Mkhwebane began testifying last week.
Also read: ‘Nobody called me’: Mkhwebane says he is aware of the delay on TV
The investigation did not conduct the impeachment inquiry last Friday as well as on Monday, Tuesday and Wednesday this week.
Deliberating on the matter, African National Congress (ANC) MP Jane Mananiso said the committee must accept Mkhwebane’s absence, while her fellow party member, Doris Dlakude, wished the Public Protector “a speedy recovery”.
Democratic Alliance (DA) MP Kevin Mileham asked if it was impossible for Mkhwebane’s lawyers and evidence leader to make their closing arguments in writing due to time constraints.
“I think it’s going to be a quick way to speed up the process and make sure we’re all on the same page when it comes to what exactly the argument is,” Mileham said.
Modified program
According to the draft program of the committee, the investigation will continue from 28 to 31 March, so that Mkhwebane finishes giving oral evidence before being examined by the chief of evidence from 3 to 6 April and again on 11 April.
Mkhwebane will then be questioned by members of the inquiry from April 12 to 14, after which closing arguments will be heard from April 18 to 21.
The committee aims to present a draft report on the investigation on May 8, before adopting the final report on May 29.
Dyantyi noted the revised program has “serious” implications on the committee’s work.
“With the few days that have been planned, it means that this committee will not take a break,” he said.
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The committee chairman also raised concerns about funding for Mkhwebane’s legal fees.
“It’s a serious implication because when we expand the program, how can we help in this regard. The third implication is that this should require a longer process than expected. The timeline should be reconsidered,” said Dyantyi.
The Office of the Public Protector previously told Mkhwebane that the Chapter 9 Institution could only pay its legal team until March 31.
Last month, acting public protector Kholeka Gcaleka told Parliament that the impeachment inquiry was swallowing up the office’s limited budget.
The institution also points out that the right of the Public Protector to have a lawyer in the investigation does not mean that the office is responsible for paying legal fees.
Funding risk
ANC Bheki Nkosi said the committee could not participate in the funding of Mkhwebane’s legal fees.
“My suggestion is that we hand this over to [Public Protector’s office] and [Mkhwebane] they negotiate with all the options available,” Nkosi said.
Dlakude expressed concern about the committee continuing the program.
He supported the suggestion that the chief of evidence and Mkhwebane’s legal team provided a head of argument to “minimise” the time spent on the programme.
“Since this process started, we have eaten the work of the constituency. We have to try to balance the work of the constituency and the work of the parliament. Other committees are suffering because we have to leave them to do this,” he said.
Read: Mkhwebane says his problems started when he followed ‘people he couldn’t catch’
Another ANC MP Gijimani Skosana proposed that the funding issue be brought to the office of National Assembly Speaker Nosiviwe Mapisa-Nqakula and the Department of Justice.
“This matter has an impact on us because the decision of the Constitutional Court says that the Public Protector has the right to legal representation and [her office] have financed this particular process,” he said.
Skosana warned that Mkhwebane could go to court if the funding stops and his legal team withdraws from representing him in the investigation.
GOOD MP Brett Herron also complained that the revised program does not allow any committee work or other constituencies.
“I agree that we need to complete this process as soon as possible, but I think we need to find a balance,” Herron said.
“It feels like a never-ending race.”
Watch the meeting below:
Responding to the deliberations, Dyantyi said the committee should balance time with quality.
“We are faced with certain tasks that we have to do. We have to make sure that we have to do things with little time, but we have to do them with the same quality as the committee.
In terms of funding, the committee chairman said the matter was “undeniable”.
“We are the last people who can put the PPSA (Public Protector of South Africa) on unfunded charges and we must avoid it,” said Dyantyi.
He agreed that the committee should seek help from the Speaker and the Department of Justice.
Dyantyi further told the committee that only relevant witnesses would be called after Mkhwebane’s evidence, but that they would give written statements instead of testifying in person.
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