Mkhwebane wants the Constitutional Court, which previously found she was entitled to be legally represented during the Section 194 inquiry into her fitness to hold office, to order that Parliament, inquiry chairperson Qubudile Dyantyi and President Cyril Ramaphosa and"alternatively the state, bear the legal obligation to provide resources" for that legal representation.
Furthermore, Mkhwebane also impugns the committee's decision to be briefed by the evidence leaders on the documentary evidence – mostly related to the raft of court decisions against her – while she was without legal representation in committee meetings, not hearings."I wonder why I was expected to come back, and we are continuing today," said Mkhwebane on Monday morning.
There was a general agreement that the committee couldn’t continue on Monday. However, the parties supporting Mkhwebane throughout the proceedings – the ATM, UDM and EFF – proposed that the hearings be postponed until after Mkhwebane’s case in the Constitutional Court, a course of action also preferred by Mkhwebane.
ANC MPs wanted the inquiry postponed until next Monday to allow Mkhwebane to find legal representation. "I think we have extended fairness to the Public Protector until now. There is the issue of fairness to the South African taxpayer," she said, adding that this was something the committee as public representatives could not ignore.
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