News24.com | Mkhwebane's impeachment defence fund to run dry on 31 March

Public Protector Busisiwe Mkhwebane and her advocate, Dali Mpofu SC.

• The Office of the Public Protector has indicated that it can't fund Busisiwe Mkhwebane's defence against her impeachment beyond 31 March.
• Mkhwebane's legal team nonetheless requested the Section 194 committee to postpone her testimony to stretch beyond 31 March.
• The committee didn't agree to this request, and Mkhwebane's testimony must continue on 15 March as previously scheduled.

Despite being informed at the start of the month that their legal services would not be funded by the Office of the Public Protector (PPSA) after 31 March, suspended Public Protector Busisiwe Mkwhebane's legal team wrote to the Section 194 Committee on 5 March, seeking to prolong the inquiry beyond this date.

The committee, however, didn't accede to Mkhwebane's request to postpone her testimony by 12 days, as this would mean that it forces the PPSA to incur irregular expenditure.

On 1 March, acting Public Protector Kholeka Gcaleka wrote to Mkhwebane, with the committee copied in.

"I wish to reiterate that the budget of the PPSA is currently under severe pressure because of the escalating costs of the Section 194 proceedings, as well as general litigation fees and costs, including expected bills of costs in matters where costs orders were issued against the PPSA.

"The current state of affairs has had a knock-on effect on other litigation matters, which had to be abandoned or where the PPSA is unable to consider the procurement of the services of external legal practitioners to assist with the defence and opposition of litigation against it, due to lack of funding," wrote Gcaleka.

She pointed out that the Public Finance Management Act (PFMA) and Treasury regulations required state institutions to ensure that there was sufficient funding for any expenditure that would be incurred.

"I have already approached both the Department of Justice and Constitutional Development (DOJ) as well as the National Treasury for additional funding to cover the costs as outlined above. The commitment for financial assistance from the DOJ is not sufficient to avoid overspending on the budget, which may be classified as irregular and/or unauthorised expenditure," wrote Gcaleka.

Mkhwebane was also informed that the office would stop funding her defence against criminal perjury charges.

"Your legal team will be advised that any mandate and instructions from the PPSA for the provisioning of legal services to you in respect of the said criminal matter at the expense of the PPSA, is henceforth terminated," wrote Gcaleka.

READ | 'This is another low, even by your standards', Madonsela tells Mpofu, as he vows to get 'ugly'

Despite being informed that their legal services would not be funded by PPSA after 31 March, Mkhwebane's legal team wrote to the committee on 5 March seeking to prolong the inquiry beyond this date.

Mkhwebane's predecessor, Professor Thuli Madonsela, who on Monday accused Mkhwebane's advocate, Dali Mpofu SC, of wasting taxpayers money by asking her irrelevant questions, was initially scheduled to give evidence on 1 and 2 March. However, Mpofu refused to lead her evidence, claiming the committee "hijacked" her as a witness.

After initially resolving not to hear Madonsela's evidence, the committee compromised and offered Mkhwebane, who insisted on calling her predecessor, the opportunity to hear Madonsela's evidence on Monday and Tuesday. They accepted the offer and Madonsela's evidence was heard.

Mkhwebane's statement to the committee was due on Tuesday, but as part of the offer to recall Madonsela, they extended the deadline to Thursday.

On 5 March, Mkhwebane's attorney, Theo Seanego, wrote to the committee, stating that it would be "impossible to expect the Public Protector's statement, or any part thereof, on 9 March 2023".

"Instead of consulting with the Public Protector in respect of her witnesses statement (sic), as previously planned, we are currently dealing with the evidence of Adv Madonsela," Seanego stated.

He added that they would also have to incorporate Madonsela's evidence.

"[I]t will only be fair and reasonable to defer the submission of the Public Protector’s statement to a date not earlier than 20 March 2023 and the commencement of her evidence to 27 March 2023," Seanego wrote.

Seanego wrote another letter on Tuesday, requesting that the committee call further witnesses.

READ | Mkhwebane's impeachment hits speedbump because of legal fees

On Tuesday, after Madonsela completed her evidence, the committee discussed these requests.

DA MP Kevin Mileham said the witness list seemed to be never-ending, and every time before Mkhwebane was due to appear, there was a request for more witnesses.

He said: 

ANC MP Bheki Nkosi said the date from which the PPSA could not fund Mkhwebane's legal team corresponds with the committee's programme.

"It's clear that we must also act in the interest of guarding the taxpayer and what they are paying for," he said.

He added that the committee couldn't force the PPSA into irregular spending.

Several other committee members agreed.

The committee resolved to extend the deadline for Mkhwebane's statement to 14 March and that her evidence will start on 15 March until 31 March, as planned.

The committee will resume on 15 March.