Public protector Busisiwe Mkhwebane has until May 22 to respond to the charges brought against her in the motion tabled by the DA when it called on parliament to probe her fitness to hold office.
The special Section 194 committee has also asked her to indicate whether she intends to be represented by a legal adviser or another expert at the inquiry.
In a letter dated April 22, inquiry chairperson Richard Dyantyi informed Mkhwebane that should she not provide written responses to the charges, the inquiry will proceed with its hearings based on the evidence and information available to it which includes the motion, accompanying evidence, her representations to the Nkabinde panel and the report of the panel together with any witness statements, if applicable.
The inquiry’s terms of reference provide for the public protector a right to be heard in her own defence and to be assisted by a legal practitioner or other expert of her choice. She will also be afforded an opportunity to call witnesses and may also cross-examine any witnesses called by the evidence leaders or subpoenaed by the committee.
The committee has provisionally set down four days for her appearance, July 26-29. Additional hearing days will be added if necessary.She said while a lawful inquiry should proceed as a soon as possible, the decision to start an inquiry in the present atmosphere, “which is littered with allegations of conflicts of interest, illegality and even alleged corruption and other criminal conduct, is totally unacceptable”.
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