Legal opinion expected on Mkhwebane’s recusal in Deputy PP selection

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Parliament’s legal team is expected to give its opinion to the Portfolio Committee on Justice and Correctional Services on whether former Public Protector Busisiwe Mkhwebane should recuse herself from the process of selecting a new Deputy Public Protector.

The Democratic Alliance (DA) has expressed concern about her being part of the interviews because she knows two of the candidates.

Seven candidates were interviewed by Members of Parliament, who will decide who the country’s number two in the office of the Public Protector will be. Two of the names on the list however sparked a long debate in the committee.

Shadrack Tebeile, an advocate with his own private practice and Ponatshego Mogaladi who currently works in the office of the Public Protector.

Tebelle has done pro bono work representing the former Public Protector while Mogaladi had testified against Busisiwe Mkhwebane during the impeachment process against her.

“I see a conflict…this entire proceeding,” says Glynnis Breytenbach from DA.

Mkhwebane described Breytenbach’s concern as unnecessary.

“I am not the key…wants to appoint,” says Mkhwebane.

The African National Congress (ANC) agrees. “The idea that the entire process…bit of a stretch,” says Qubudile Dyantyi from ANC.

Parliament’s legal team was asked to weigh in on the matter. Its opinion will be presented to the committee later this week.

MPs are expected to deliberate on choosing a new deputy Public Protector on Wednesday.