Parliament, Monday, 1 August 2022 – The Committee for Section 194 Enquiry into the Public Protector (PP) Adv Busisiwe Mkhwebane’s fitness to hold office reconvened today and continued with its cross-examination of Mr Sphelo Samuel.

Mr Samuel was cross-examined by Adv Dali Mpofu (SC) on behalf of the PP, on Thursday and on Friday he was engaged by Members of the committee. Adv Mpofu indicated on Friday that he had not completed his cross-examination of Mr Samuel. Two political parties complained on Friday that Adv Mpofu’s cross-examination was cut short. Today they complained that they were not informed that the committee would be engaging the same witness, Mr Samuel.

Committee Chairperson Mr Qubudile Dyantyi later had to remove a member from the virtual platform and said he had to take action as the member did not abide by the rules of the committee and the directives it adopted. He said: “It is not the first time that the member refuses to adhere to the rules of the committee and makes unsubstantiated allegations. He was removed from the meeting in terms the Rules of the National Assembly and the directives of the committee for refusing to adhere to the ruling of the Chairperson. He was removed from the meeting for a day.”

Adv Mpofu said during cross-examination that it is unfair to blame Adv Mkhwebane for the negative reaction following court rulings. He said Mr Samuel’s theory that the PP litigated recklessly is flawed.
In response Mr Samuel disagreed. Adv Mpofu further said false propaganda was generated against Adv Mkwhebane and orchestrated by the media. He went on to say that Adv Mkhwebane's predecessor Adv Thuli Madonsela also lost court cases and the judgments were also scathing against her. Mr Samuel agreed that Adv Madonsela lost some court cases, but he said he does not recall scathing rulings on her application of the law.

Adv Mpofu accused Mr Samuel through the cross-examination for lying. Mr Samuel denied that he fabricated evidence.

Mr Dyantyi said the committee will continue with its hearngs tomorrow and it will cross-examine a new witness, Mr Vussy Mahlangu.

The committee was established by the National Assembly (NA) on 16 March 2021 to conduct a constitutional inquiry into the Public Protector’s fitness to hold office. The enquiry is hybrid and can be followed live on Parliament’s media platforms. Committee documents can be found on its page on Committee for Section 194 Enquiry - Parliament of South Africa


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