Suspended Public Protector Busisiwe Mkhwebane wants the chairperson of the Parliamentary committee probing her fitness to hold office, to recuse himself.
Her counsel, Dali Mpofu brought the application for Qubudile Dyantyi’s recusal before the committee. Mpofu’s also wants DA MP Kevin Mileham, who is the husband of the complainant in the impeachment motion, Natasha Mazzone, to be recused, arguing Mileham is conflicted.
Mpofu raised 12 points on which he based his recusal application. He says Dyantyi did not accede to their request to subpoena President Cyril Rampahosa to appear before the inquiry.
He also alleges that the Chairperson has presided over the unlawful amendment of directives of the inquiry and by so doing extended the scope of the inquiry.
Mpofu then accused evidence leaders of colluding with Dyantyi and taking a slant in the inquiry. The evidence leader was scathing in her reply, ripping into Mpofu’s submission point-by-point.
“The evidence leaders did not enter into any enterprise with the chairperson and those allegations are unfounded and there is no evidence,” says evidence leader Adv Nazreen Bawa.
Mpofu has also not ruled out approaching the courts to hear their recusal application.
“If there is possibility of non-recusal that might cause the start of the proceedings afresh then it will be fool hardy to wait for the outcome and then start again in 2023. It is our duty to bring it to you as it is untenable to proceed without it being brought otherwise we’ll be criticised if we bring after the outcome,” says Adv Mpofu.
The Chairperson of the inquiry will deliberate and consider the recusal application.
“As the committee they will give themselves time to consider the application,” says Dyantyi.
VIDEO: Advocate Mkhwebane’s impeachment hearing continues