Members of the parliamentary committee investigating suspended Public Protector Busisiwe Mkhwebane’s fitness to hold office, say they are satisfied with the way the proceedings have gone so far.
There are, however, a number of concerns regarding the treatment of witnesses, especially by Mkhwebane’s legal representative, Advocate Dali Mpofu.
There have also been suggestions that some witnesses should be allowed to be legally represented during cross-examination.
The unavailability of Advocate Mkhwebane and her legal representative over the next few days has given the committee an early opportunity to reflect on its work so far.
During his cross-examination of Tebogo Kekana, a former senior investigator in the Public Protector’s office, Mpofu dismissed Kekana’s concern that he would jeopardise his labour court case by answering certain questions. Mpofu said his client, the Public Protector, is in the same position because she is facing criminal prosecution. He said Mkhwebane would also suffer double jeopardy. This means she will face two prosecutions for the same crime.
But Dyantyi sought to clarify this issue. “There’s no possibility that the committee that we are or parliament can make a finding or civil or criminal liability. Neither the committee nor parliament can send her to jail… risk exposing the PP to two criminal sanctions for the same criminal conduct.”
Some members have expressed serious misgivings about the treatment of witnesses.
They argue that the chairperson should be firmer in protecting their dignity and preventing their characters being impugned.
African National Congress (ANC) Deputy Chief Whip, Doris Dlakude says “What we must guard against honourable chair is the throwing in of insults. That cannot be tolerated. I think for us to conduct a fair process it also must be our key issue… So we cannot hurl insults when we cannot get our own way.”
Kevin Mileham of the Democratic Alliance (DA) pointed the committee to some of the directives of the committee regarding how witnesses should be treated.
Marie Sukers of the African Christian Democratic Party (ACDP) said it is important for all to keep in mind that this is a parliamentary inquiry. But not everyone agreed that there needs to be sensitivity towards the witnesses.
GOOD Party sees the matter differently
Brett Herron of the GOOD party says it is in the nature of cross-examination and that it is tough.
“We have to remind ourselves that the PP is being accused of serious misconduct. Breaching the constitution, of committing misconduct, and of being incompetent… If I was representing the PP I would do the same. Test the evidence as vigorously as I can be based on the evidence that I’m gonna bring.”
The hearings are due to resume next Wednesday but could be delayed by another day as Mpofu has already indicated they will not be ready by then.
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