Dyantyi promises to respond to Mkhwebane on recusal

Chairperson of the inquiry into Busisiwe Mkhwebane’s fitness to hold office, Qubudile Dyantyi. Picture: Armand Hough/African News Agency (ANA)

Chairperson of the inquiry into Busisiwe Mkhwebane’s fitness to hold office, Qubudile Dyantyi. Picture: Armand Hough/African News Agency (ANA)

Published Jun 9, 2023

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Cape Town - Qubudile Dyantyi, the chairperson of the inquiry into the suspended Public Protector, says he will respond to Busisiwe Mkhwebane’s lawyers letter that he should recuse himself in the proceedings against her by Monday.

Dyantyi, who chairs the parliamentary committee investigating Mkhwebane, said he received the letter and will respond to it.

Mkhwebane maintained on Friday when the committee sat that she would not participate in the proceedings until the issue of her lawyers had been resolved.

She said Dyantyi should also recuse himself from proceedings as he was implicated in bribery allegations.

It emerged that Dyantyi, ANC chief whip Pemmy Majodina and late party parliamentarian Tina Joemat-Pettersson, had allegedly solicited a bribe of R600 000 from Mkhwebane for the case to go away.

This was done through Mkhwebane’s husband David Skosana. UDM leader Bantu Holomisa has called for the Speaker to ask the police portfolio committee to ask the SAPS to table their preliminary findings into the case.

Dyantyi has so far refused to recuse himself from the committee.

In the meeting on Friday, Dyantyi said the work of the committee would need to be completed by July.

They would not go above the R4 million that has been given to Mkhwebane for her legal fees.

He said members of the committee would have to formulate questions and send them to Mkhwebane.

But Mkhwebane said she would not participate in this process as she did not have lawyers and Dyantyi was also refusing to recuse himself.

Mkhwebane said she was willing to engage with the office of the Public Protector on the new lawyers.

She added that it would be against the Constitution if she was allowed to continue without the lawyers.

On the issue of recusal, Mkhwebane said she used her private attorneys to write to Dyantyi to recuse himself.

Mkhwebane had said she was going to file an application for Dyantyi’s recusal, but on Friday she said she will not do so until she has been given lawyers.

Dyantyi said the committee will need to continue with its work.

“On the issue of legal representation I did indicate that that work is not stopping. It will continue. The issue of legal representation is a matter we are seized with for it to reach that finality. We have been on this issue of assisting with legal representation. We are not going to tire on that. We are going to continue doing that,” said Dyantyi.

Dyantyi said he was waiting for Mkhwebane to file her application for recusal against him.

“I am still waiting as indicated I will welcome an application for my recusal and to respond to that on Monday. I will attend to that when that reaches my space,” he said.

Mkhwebane said she was rejecting Dyantyi’s proposal to the committee that members must submit questions in writing so that she will respond.

But Mkhwebane said she will not, as she did not have lawyers.

“I indicated rejecting the proposal. I hope anything sent to me is sent as soon as I know who my attorney is because if it’s sent to me I won’t be able to deal with it, especially the attorneys to represent me in this process,” said Mkhwebane.

She said she has written to Dyantyi asking for his recusal.

Dyantyi said he will deal with the letter on Monday.

“The letter we received today will be responded to you. You seem to be saying that I must expect no application for recusal. We will respond to that,” said Dyantyi.

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