Cape Town - Former public protector, Thuli Madonsela, will no longer testify before the Section 194 Committee into the fitness of suspended Public Protector Busisiwe Mkhwebane to hold office.
Instead, Madonsela’s affidavit will be taken in as written evidence.
This was the ruling made by committee chairperson Qubudile Dyantyi on Wednesday.
It followed a long discussion over the relevance of her evidence and who should lead her testimony between the impeachment inquiry evidence leaders and Mkhwebane’s legal team.
The ruling was made almost three hours after her affidavit and testimony had been discussed, while she was on a virtual platform still to be sworn in.
Mkhwebane’s legal team earlier addressed the committee after it refused on Tuesday night to postpone her testimony and slot witness Rodney Mataboge in.
They complained that they had had no time to prepare for her testimony because they received Madonsela’s affidavit on February 24 as they were preparing to travel to Cape Town and preparing for another witness, Bianca Mvuyana, who testified on Monday and Tuesday.
They complained that they had had no time to prepare for her testimony because they received Madonsela’s affidavit on February 24 as they were preparing to travel to Cape Town and preparing for another witness, Bianca Mvuyana, who testified on Monday and Tuesday.
While Mkhwebane’s legal counsel, advocate Dali Mpofu SC brought it to the attention of the committee that they had received an amended affidavit that was nine pages long.
However, it turned out that photos of the original and amended affidavits were sent to the MPs and legal teams.
One of the affidavits contained hand-drawn corrections but this did not affect its contents.
Mpofu said they welcomed the ruling of not proceeding with Madonsela on Wednesday and Thursday.
He raised some aspects with the deposed affidavit such as the three versions in their possession, one of which was signed in Stellenbosch and commissioned under oath in Joburg.
In summarising the discussion, Dyantyi ruled that Madonsela’s affidavit should be cleaned up as she had responded on the Vrede Dairy Farm and CIEX investigations.
“The statement speaks to those issues as decided by the committee. We take that as a committee as written evidence, which is on the record to this committee.”
Dyantyi said his decision would do away with Madonsela’s oral evidence.
After Dyantyi apologised for not proceeding with her testimony, Madonsela said “should there be anything relevant that I can assist with, I am always willing to assist”.
Mpofu said they would make a fresh request to summon her.
“You may have a longer delay. We are going to see her either soon or either,” he said.
The committee will continue with testimony from Mataboge, which started on Wednesday afternoon.
Cape Times