CAPE TOWN – Embattled Public Protector Busisiwe Mkhwebane will on Wednesday move for the recusal of the chairperson of her impeachment inquiry, Richard Dyantyi.
Mkhwebane also wants Democratic Alliance (DA) MP Kevin Mileham to be removed from the committee probing her fitness to hold office.
She’s claiming unfairness and bias against the pair.
The Section 194 inquiry is set to resume on Wednesday after a week-long break and after Mkhwebane again approached the Western Cape High Court on Friday, to clarify matters related to her suspension.
Mkhwebane’s legal team is set to show what it believes to be countless instances of her unfair treatment by inquiry chairperson, Dyantyi.
These include changing the scope of the inquiry, amending the rules for re-calling witnesses, and a refusal to subpoena President Cyril Ramaphosa to testify.
Dyantyi is also being accused of favouring and colluding with the evidence leaders.
But it was last week’s refusal to postpone proceedings to allow for Mkhwebane’s legal team to prepare for a court case while she was also off sick, that’s led to her carrying out a threat to call for his recusal.
On Tuesday, the African National Congress (ANC)’s Oscar Mathafa called on Parliament to investigate Mkhwebane’s lawyer, Dali Mpofu, for his treatment of Dyantyi.
“We’ve all become accustomed to Mpofu’s rants and raves and he’s degrading the legal profession in recent years, as evidenced by his regular deplorable conduct in the courtroom. His sense of decorum is nothing short of shameful and disrespectful,” Mathafa said.
Evidence leaders are looking to wrap up their witness list with the testimony of two more employees from the Public Protector’s Office, but the recusal application could delay this.