MEDIA STATEMENT: COMMITTEE FOR SECTION 194 RELEASES AMENDED DIRECTIVES FOR WAYFORWARD
The Chairperson of the Committee for Section 194 Enquiry, Mr Qubudile Dyantyi, has issued an addendum to the Directives, governing the work of the committee in its enquiry into Public Protector (PP) Adv Busisiwe Mkhwebane’s fitness to hold office, after his proposed wayforward was agreed to in a committee meeting on 9 June 2023.
In a letter to the PP yesterday, Mr Dyantyi noted that the amended directives contain the details of the process that the committee will now have to follow due to ongoing challenges that impede it as it fulfils its constitutional obligations.
The amendments provide for a process whereby the questions of members of the committee and Evidence Leaders will be put to the PP in writing. She may elect to answer some questions orally or in writing under oath. If she fails to answer the questions orally by the date determined by the Chairperson of the committee, it will be presumed that the PP has elected to answer questions in writing by the dates as determined by the Chairperson.
In addition, Mr Dyantyi said that he was cognisant about the fact that Adv Mkhwebane did not amplify her Part B statement to the committee after it was forced to abruptly pause proceedings on 31 March 2023. The amendments therefore provide that the PP may submit any additional affidavits or documentation under oath in support of Part B of her written statement or emanating from the Evidence Leaders’ presentations to the committee that occurred in April, to the extent that such was not already addressed by her in her oral evidence or her written statements submitted to the committee.
Those presentations were in respect of Part A of her statement which the PP was led on by her counsel, Adv Dali Mpofu, SC prior to the adjournment of hearings.
In terms of the amendments whether or not the PP has responded in writing to the questions posed, or given oral evidence or a combination thereof, she will still be afforded an opportunity to make a closing argument herself, or at her election via a legal representative to the committee orally and/or in writing. In addition, she will be provided an opportunity to comment on the committee’s draft report before it is adopted and tabled in the National Assembly. The dates for all the above were determined by the Chairperson and provided to the PP and members of the committee.
If Adv Mkhwebane fails to answer the questions orally and/or in writing, to provide a written and/or oral closing argument or to provide comments to the draft report, it will be presumed that she has elected not to avail herself to do so. The committee will therefore not be precluded from proceeding to deliberations and making its findings based on the evidence before it.
According to the timeframes set out by the Chairperson, members of the committee have until 21 June 2023 to submit written questions to Adv Mkhwebane, and the Evidence Leaders must submit their questions by 25 June 2023. The Chairperson has indicated that he remains confident that the process as set out is fair and has encouraged the PP to avail herself to the opportunities being presented to her and to take the necessary steps to resolve the issues relating to her legal representation having now been afforded an additional R4 million and the opportunity to utilize the services of the State Attorney, Pretoria to brief her legal representative of her choice Adv Dali Mpofu, SC.
The committee was established on 16 March 2021 to conduct a constitutional inquiry into the PP’s fitness to hold office. The timelines on the way forward is available on request. The committee is expected to finalise its work on 28 July 2023. Committee documents can be found at Committee for Section 194 Enquiry – Parliament of South Africa.
Source: Parliament of South Africa