Parliament, Tuesday, 29 March 2022 – The Committee for Section 194 Enquiry today resolved to appoint two evidence leaders to assist its work into the fitness of a Chapter 9 institution head to hold office.
Committee Chairperson Mr Qubudile Dyantyi said the names of Adv Nazreen Bawa (SC) and Adv Ncumisa Mayosi were accepted by a majority of committee members to assist them in the committee’s enquiry process.
Adv Bawa has previously acted as evidence leader for the Khayelitsha Commission of Enquiry into allegations of police inefficiency and the breakdown in the relationship between the South African Police Service and the Khayelitsha community, as well as for the Mokgoro Enquiry of the National Prosecuting Authority into the fitness of Adv Nomgcobo Jiba and Adv Lawrence Sithembiso Mrwebi to hold the office. Adv Mayosi acted as initiator for the South African Rugby Union in a disciplinary hearing arising from a complaint by a referee against a rugby player, chaired by Oosthuizen SC. Both advocates have also acted as judges in the Western Cape High Court.
The committee further resolved to continue with its work, despite a request by Public Protector’s legal representatives to stop the process until her rescission application in the Constitutional Court to set aside certain parts of its judgement has been finalised. “The committee, in large, agreed, as no interdict exists prohibiting it from continuing with its work. It will continue as per its adopted programme,” said Mr Dyantyi.
Last year the committee already indicated its preference for a Member-led approach, with internal and specialised external support, which was referred to in the meeting as the “hybrid” approach. This way the process is Member-led, but with added external forensic support to assist the committee in unpacking the evidence. In this hybrid scenario, the role played by the external support will be more limited than that of an evidence leader.
The committee was established by the National Assembly (NA) on 16 March 2021 to conduct a constitutional inquiry into the fitness to hold office of Public Protector Adv Busisiwe Mkhwebane. It halted its work last year to allow for court processes to be completed.
ISSUED BY THE PARLIAMENTARY COMMUNICATION SERVICES ON BEHALF OF THE CHAIRPERSON OF THE COMMITTEE FOR SECTION 194 ENQUIRY, MR QUBUDILE DYANTYI
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