Legal team not paid
PP’S OFFICE: INVESTIGATOR MVUYANA WOULD HAVE GIVEN EVIDENCE
Suspended public protector’s impeachment inquiry resumes this week.
Advocate Busisiwe Mkhwebane’s impeachment inquiry will resume this week after her legal team did not show up yesterday as a result of non-payment.
The Section 194 inquiry into Mkhwebane’s fitness to hold office was expected to hear evidence from Bianca Mvuyana, an investigator at the public protector’s office, but was delayed.
The issue with the nonpayment of Mkhwebane’s legal team, which could hinder the inquiry from continuing with its work since the suspended public protector is entitled to legal representation, was recently brought to the attention of the Section 194 inquiry.
The committee was informed that invoices were sent to the public protector’s office in December.
Addressing MPs yesterday, parliament’s legal advisor, Fatima Ebrahim, revealed that she and evidence leaders attended a meeting with Mkhwebane’s legal team on behalf of parliament last week to discuss the matter.
“During that meeting, advocate [Dali] Mpofu indicated they had received no instructions of the payment issue,” she said.
Ebrahim said the delayed payment is due to “discrepancies”, and about R8.2 million has already been paid by the public protector’s office.
“Approximately R2.8 million was costs incurred as part of this inquiry so presumably the rest had to do with the ongoing litigation process,” she said.
According to Ebrahim, the office paid 33% (R2.1 million) of the outstanding fees to Seanego At
torneys on 9 February, while the next payment was made the following day, bringing it up to 74%.
“Invoices that are now in contention are the ones submitted in December for work done in August and September in respect of the juniors and as I understand for advocate Mpofu until 6 December. So [it appears there is] a delay in submitting the invoices.”
Ebrahim added that due to the nonpayment and not being able to reach Mvuyana, Mkhwebane’s legal team could not prepare for yesterday’s proceedings.
Mkhwebane, meanwhile, lambasted the nonpayment of her legal team, saying invoices for the month of July were only paid in October.
“The issue is my legal team having to spend the December holidays without being paid.
“As a state institution, they should have responded by 6 December, especially because this is a very important process.
“They should check and identify those discrepancies within a
week,” she said.
“I don’t know whether that is done to punish me further because other legal teams have been paid.
“Why 33%? Now it’s as if paying 74% is doing people a favour. Why not pay 100%?” Mkhwebane told the committee.
She will be unable to participate in the inquiry until the issues have been properly attended to, she added.
Last week, acting public protector, Kholeka Gcaleka, revealed that her office was experiencing funding issues.
According to Gcaleka, the office received an estimated R4.55 million at the start of the impeachment inquiry in July
2022 and has already spent R2.7 million.
The institution is currently verifying invoices for July to September amounting to R6.4 million.
Invoices, which are expected to exceed R5 million, for the period October to December as well as January 2023, have not yet been received or processed.
Gcaleka informed parliament’s portfolio committee on justice and correctional services that the total cost of the proceedings may escalate to between R12 million to R15 million at the current rate.
The parliamentary committee resolved to have several urgent meetings with National Assembly Speaker Nosiviwe Mapisa-Nqakula and Justice and Correctional Services Minister Ronald Lamola to discuss the issue of funding.
The Section 194 inquiry will resume tomorrow with Mvuyana and former deputy public protector Kevin Malunga set to testify before the committee.