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The court stated: “When the section 194 inquiry formally proceeds, the public protector will be entitled to full legal representation in the committee proceedings.”
On March 31, Mkhwebane told the committee she did not “bring herself” to the committee, adding that Gcaleka and PPSA CEO Thandi Sibanyoni should avail the resources for her representation
The PPSA said before March 31 it was permitted to fund Mkhwebane’s representation at the prerogative of the accounting officer, as provided for in the Public Finance Management Act and National Treasury regulations, on condition that costs were reasonable, budgeted for and that the funds were available.
The PPSA said it had resolved, as far as resources would allow, to fund the reasonable costs of her defence in the committee proceedings.
“The reality, however, is the costs, now about R26.5m excluding invoices expected for March, have far exceeded the initially projected costs of R4.5m and any reasonably anticipated costs.”
Committee chair Qubudile Dyantyi said the committee — though it had no role in assisting in issues of legal funding — had been monitoring progress in negotiations to secure funding for Mkhwebane’s legal representation.
“We are assured by role players who are involved that serious work is being done to ensure a speedy conclusion of the matter,” Dyantyi said on Wednesday.
The committee will meet again on April 11.
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