Subpoenaed witness goes unheard after Mpofu and Dyantyi clash over letter to Mkhwebane

Advocate Dali Mpofu. Picture: Armand Hough/African News Agency (ANA)

Advocate Dali Mpofu. Picture: Armand Hough/African News Agency (ANA)

Published Feb 20, 2023

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Cape Town - Evidence expected from subpoenaed PPSA investigator Bianca Mvuyana went unheard at Parliament’s inquiry into suspended Public Protector Busisiwe Mkhwebane’s fitness to hold office.

This after a clash between Mkhwebane’s legal team and committee chairperson Qubudile Dyantyi over a letter written by the committee to Mkhwebane.

Mvuyana had been scheduled to give evidence last Monday, but could not do so after the public protector’s legal team opted out because they had not been paid by the PPSA.

On Tuesday, PPSA put out a statement in which they said they had queries about the invoices for legal services rendered to Mkhwebane and were scrutinising them before making payment.

Committee chairman Qubudile Dyantyi. Picture: Phando Jikelo/African News Agency

Friday, Mkhwebane’s legal team, led by senior counsel Dali Mpofu, told Dyanti at the start of proceedings that the committee’s letter to Mkhwebane about the witness and her statement, as well as the non-payment issue, was full of lies and distortions.

Mpofu insisted that before Mvuyana could be led in evidence, the matter of the letter would need to be discussed.

Dyantyi however countered this proposal and said the committee’s letter would have to be responded to in writing and said that Mpofu should go ahead with questioning Mvuyana.

At this point Mpofu accused Dyantyi of bullying behaviour.

Mpofu said: “If you are going to use bully-boy tactics to force us to do things, you will stay with your committee. Because we are asking you to clarify issues after you insulted the public protector, but you are just bullying us.”

Dyantyi responded and said: “I’m going to be clear, today we are not discussing letters. Ask the team to put questions to the witness.”

Speaking for herself during the heated debate about the letter, Mkhwebane also said the way the issues had been handled in the now controversial letter was “distorted and insulting.”

She said that she was concerned Dyantyi had put his name to such a letter and wondered if he had actually read it carefully because to her it seemed very insulting.

The committee eventually adjourned and said it would reconvene today when it hoped to deal with the issues raised.

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