Neelam Rahim / neelam@radioislam.co.za

2-minute read
17 February 2023 / 17:05 CAT

Image: News24

The legal costs the Office of the Public Protector agreed to pay for suspended Public Protector Busisiwe Mkhwebane, as she appears before the Section 194 committee, has nearly doubled from the amount initially provided as an estimate. The inquiry is investigating her fitness to hold office. A committee meeting was postponed on Monday because Mkhwebane’s legal team was absent due to ongoing payment disputes.

Speaking to Radio Islam International, Outa’s Executive Director of the Accountability Division, Advocate Stefanie Fick, said an enormous amount of money has been spent by the Office of the Public Protector on Mkhwebane’s legal costs to date—around 147 million rand over the last six years.

In terms of the money spent, Adv Fick said there is enough evidence to point toward unlawful and unreasonable spending of legal fees in this instance.

“If unlawful spending is found upon the investigation, the office will claim back the money from the suspended public protector even if they have to deduct it from the pension,” she added.

Last week, acting Public Protector Kholeka Gcaleka informed Parliament’s justice committee that Mkhwebane’s legal bill could exceed R15 million.

Her office said an invoice submitted in 2022 by the firm of attorneys representing Mkhwebane was disputed because it did not conform with the Public Protector South Africa (PPSA) ’s tariff of fees.

It also emerged that this firm was allowed to bill differently, given its long-standing, unique relationship with Mkhwebane.

Nevertheless, acting spokesperson Ndili Msoki said the Office of the Public Protector had paid all invoices received up until September to ensure the inquiry was completed.

“The insinuation by advocate Mkhwebane that the PPSA is in default of its funding obligations, and specifically that the PPSA is in such default with the deliberate intent to frustrate advocate Mkhwebane’s right to legal representation and the Section 194 process, is untrue and rejected.”

The Office of the Public Protector said as of last week; it’s paid 74% of the amount claimed by Mkhwebane’s attorneys.

It’s still verifying four invoices received in December for what it has termed a significant amount.

Listen to the interview on Your Workd Today with Mufti Yusuf Moosagie.