Mkhwebane must answer 630 questions, but ‘can she read’ them?

Facing a torrent of questions from the Section 194 inquiry into her fitness to hold office, suspended public protector advocate Busisiwe Mkhwebane has been asked by evidence leaders if she believes a core competency of a public protector is being able to read.

Among a list of more than 630 questions and statements, evidence leaders Nazreen Bawa and Ncumisa Mayosi asked Mkhwebane to disagree or agree with the following statement: “A public protector requires a core element of competence; including a basic ability to read and understand statutes, especially those that bestow powers on the public protector.”

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Where Mkhwebane disagreed, reasons should be provided and supported by evidence or reference to the record.

Mkhwebane has until 6 July

Mkhwebane has until 6 July to answer and if she does not, the committee will consider the evidence already before it in establishing whether she is guilty of misconduct or incompetence, warranting her removal.

Committee chair Qubudile Dyantyi – himself under investigation for allegedly trying to solicit bribes to influence the outcome of the inquiry – said the committee had also received questions from 12 members from five political parties represented on the committee.

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Mkhwebane has missed two deadlines to notify the committee about whether she would respond to questions in writing, or orally. Dyantyi added that Mkhwebane’s legal representatives could not answer questions on her behalf and the subject matter lies within her personal knowledge.

Mkhwebane faces questions over her backlogs despite having staff, over 30 reports being set aside and her relationships with controversial politicians.

‘Unnecessary questions’

Political analyst Levy Ndou said it was important to note that many questions seemed unnecessary or meant to put someone in a corner, but the bottom line was that the Section 194 inquiry was established to “ask questions relating to any matter directed to the public protector”.

“So that when they make a determination, they make such having asked questions that even ordinary South Africans would love to know [the answers to] coming from the public protector.

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“And if there are certain basics the public protector does not meet, or people suspect she could not be doing certain things, that is exactly what the committee has to do,” he said.

Ndou said parliament was known as the voice of the people.

“So any other question that might arise that will require more clarity on the part of the public protector, it’s exactly what that committee should do because they should not leave any question unanswered,” he said.

‘She will say she wants her lawyers’

With pressure piling up on Mkhwebane, legal expert Mannie Witz said while it was better to wait for her answers, he did not think she would be forthcoming.

“She will say she wants her lawyers as it’s her constitutional right to have legal defence but it all depends on the answers, if any,” he said.

Then “in the totality of the evidence, including any answers or silence”, they will make their finding on whether she is fit to hold such an important position.

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