EFF guns for removal of ‘conflicted’ DA’s Mileham from Mkhwebane’s impeachment hearing

DA MP Kevin Mileham

DA MP Kevin Mileham

Published Jul 21, 2022

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Cape Town - The EFF has cited a possible conflict of interest as the reason it wanted DA MP Kevin Mileham removed from the Section 194 Enquiry Committee into suspended public protector Busisiwe Mkhwebane’s fitness to hold office.

On Wednesday, Parliament spokesperson Moloto Mothapo confirmed that National Assembly Speaker Nosiviwe Mapisa-Nqakula advised committee Chairperson Qubudile Dyantyi to seek legal opinion on Mileham’s alleged possible conflict of interest.

“Mr Mileham is a spouse to Ms Natasha Mazzone, a complainant in the matter. The Speaker's decision follows a letter by the EFF Chief Whip, Mr Floyd Shivambu, in which he requested the Speaker's intervention on two matters: a possible conflict of interest by a member of the Section 194 Enquiry Committee, and the removal of Mr QR Dyantyi as chairperson of the Section 194 Enquiry on allegations of abuse of power and unreasonable treatment of Ms Mantoa Maotwe by the chairperson,” said Mothapo.

He said Maphisa-Nqakula has since written to Dyantyi to ensure that the committee requested the Parliamentary Legal Services to provide a legal opinion on the possible conflict of interest by Mileham’s involvement in the proceedings as envisaged in Rule 165 or any applicable law.

“On the matter requesting the removal of the chairperson, the Speaker informed Mr Shivambu that she is not authorised to remove a chairperson as the Committee elects its chairperson. The Speaker understood the intervention by the chairperson in Ms Maotwe's matter to be an effort to ensure the meeting was not diverted from the task at the time. The Speaker urged the Section 194 Enquiry Committee members to play their part to ensure that the Committee carries out its responsibility efficiently as its task and the integrity of its proceedings are very important,” he said.

In another twist, Mkhwebane’s legal representatives have reportedly written to President Cyril Ramaphosa, giving him until Monday to indicate whether he would testify in the impeachment proceedings. Ramaphosa had previously said he would not present himself before the committee as the proceedings had nothing to do with him.

The presidency had issued a statement rejecting UDM leader General Bantu Holomisa’s statement that Ramaphosa should give evidence on his CR17 campaign.

“Section 194(3) (a) of the Constitution provides that the President may suspend the Public Protector (or any member of a Chapter 9 institution) ‘at any time after the start of proceedings by a committee of the National Assembly for (their) removal’.

“Accordingly, President Ramaphosa rejects the suggestion by the Hon. General Bantu Holomisa that he should give evidence on his 2017 party political campaign during the section 194 inquiry. Gen. Holomisa’s speculation that the CR17 campaign ‘may have’ used public funds is baseless, misdirected and vindictive. It is an abuse of parliamentary processes and privilege. It has never been alleged that public funds were used by the CR17 campaign,” the Presidency said.

Cape Times