National Assembly Speaker Nosiviwe Mapisa-Nqakula, says she has no authority to intervene in calls for the recusal of embattled chairperson of the Section 194 inquiry into Busisiwe Mkhwebane’s fitness to hold officer, Richard Dyantyi, following a letter by advocate Winston Erasmus.
The letter, crafted by Ward Brink Attorneys on behalf of Erasmus, calls for action against Dyantyi due to alleged perceived bias against Mkhwebane.
This is as Mkhwebane was suspended by Ramaphosa in June 2022.
Among others, Erasmus is demanding Mapisa-Nqakula: “Suspend the continuation of the s194 committee. Determine whether Dyantyi’s reasonable apprehension of bias has contaminated the s194 committee and provide for the lawful termination of the s194 committee due to Dyantyi’s participation.”
In the letter, Erasmus contends that Dyantyi's involvement in the inquiry “offended Mkhwebane’s right to a fair and just administrative process”.
“It will be argued that the entire process should be impeached on the basis that it was devoid of fairness and, that if conducted on the basis that the panel refused to ‘declare the chair vacant’, would offend Mkhwebane’s right to a fair administrative process and would furthermore offend natural justice and was akin to subjecting Mkhwebane to a kangaroo court,” the letter says.
In response to a recusal application by Mkwebane, Dyantyi denied allegations that he acted any way because of “an allegiance” to Ramaphosa, adding that his role as a member of Parliament which, and his role as an ANC member are separate.
In response to the letter, parliamentary spokesperson Moloto Mothapo said: “The matters raised have already been addressed and concluded within the ongoing committee proceedings.
“It is crucial that the committee is granted the necessary latitude to conduct its work without any undue influence.
“The Speaker remains resolute in safeguarding this principle as well as the integrity of this process.
“She has no authority to intervene as asked, as doing so would amount to unwarranted interference in the ongoing work of the Committee.”
Cape Times