The Section 194 Committee gave a glimpse of the response to be made to correspondence received from suspended Public Protector Busisiwe Mkhwebane’s legal counsel.
This after advocate Dali Mpofu earlier this week raised fundamental issues regarding the inquiry into the fitness of Mkhwebane to hold office. Briefing the committee, parliamentary legal adviser Fatima Ebrahim said they were in the process of preparing a response.
“Much of what is raised was canvassed in court. It is rehashing some of those issues. When we respond we will touch on everything raised,” Ebrahim said.
She told the committee that Mkhwebane’s legal team was still of the view that the Section 194 Committee was not a removal committee.
Mkhwebane feels following the committee’s proceedings, there will be another process before the Houses make a determination.
“This is not our understanding and is not supported by the rules as crafted and the outcomes of litigation processes to date.”
Ebrahim also said Mkhwebane’s legal team was arguing that the continuation of the inquiry was in breach of fairness, but she said the committee was free to proceed in the absence of an interdict.
There was also an issue raised that Mkhwebane was denied access to material and persons to exercise her right to defend herself and that the committee continued with the process as if nothing happened.
“It has been our understanding that the Office of the Public Protector and the Deputy Public Protector have offered support. We understand access to email has been restored,” Ebrahim said.
Mkhwebane was fully legally represented as per court ruling, she said, adding if Mkhwebane was having difficulty securing any person, the committee could summon such persons.
Source: IOL
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