Mpofu applies for recusal of Section 194 Inquiry Chair

The Public Protector Busisiwe Mkhwebane’s legal representative Advocate Dali Mpofu is making a submission for the recusal of two people from the Section 194 Inquiry into Mkhwebane’s fitness to hold office.

They are the committee’s chairperson Qubudile Dyantyi and Democratic Alliance (DA) MP Kevin Mileham.

There was a heated argument between Mpofu and Dyantyi last week. This after Dyantyi rejected Mpofu’s request for the hearings to be postponed because Mkhwebane was ill.

The argument cut short the day’s proceedings.

On several occasions, Mpofu accused Dyantyi of being biased against him and his client.

It was as a result of Dyantyi’s refusal to grant Mpofu’s wish for a postponement of the hearings until after Mkhwebane’s urgent application in the Western Cape High Court.

Mpofu says Mkhwebane had wanted the application for the recusal to be made a long time ago but he pushed it back.

Earlier this month, the court among other things ordered that the President’s decision to suspend Mkhwebane is invalid.

This comes after Mkhwebane launched an application in the High Court for orders declaring certain conduct and/or decisions of the Speaker of the National Assembly.

Mkhwebane was suspended in June and is currently participating in a hearing which seeks to look at her fitness to hold office.

VIDEO: Adv Dali Mpofu brings an urgent application for the Public Protector Busisiwe Mkhwebane

Witnesses

Last month. acting Head of Corporate Services and Human Resource Manager in the Office of the Public Protector Gumbi Tyelela testified that Mkhwebane allegedly instructed that former spokesperson Cleo Mosana should be removed from her Private Office for not doing her work and for calling Mkhwebane by her first name, Busisiwe.

This was revealed in the Section 194 Parliamentary Inquiry.

However, Tyelela faced intense questions from ANC MP Sahlulele Luzipo on the matter. Luzipo wanted to know what Tyelela did as an HR practitioner to refuse an instruction that may have been irregular if there was such an instruction.

He also wanted to know if such an instruction was given in writing. Luzipo said as an HR practitioner, Tyelela’s responsibility is to follow the HR rules.

During his testimony, it was revealed that Mosana, who has since resigned, was demoted.

At the centre of human resource concerns in the PP’s office were allegations of victimisation, intimidation and harassment of staff. This also forms part of the charge in the motion to investigate Mkhwebane for her fitness to hold office.

During clarity-seeking questions, Tyelela’s human resource and labour relations know-how came into question in the interaction with Luzipo.

”Mr Tyelela can I assume or endorse you as someone who by where you are located is someone who understood to understand to the best of that institution, how labour relations and human resource matters are supposed to unfold,” Luzipo asked Tyelela.

Additional reporting by Mercedes Besent.