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Members of parliamentary committee differ on tactics of cross-examining witnesses at hearing in Mkhwebane – SABC News

Members of the Parliamentary Committee Inquiry into suspended public protector Busisiwe Mkhwebane, are satisfied with the course of the process so far.

However, there are a number of concerns about the treatment of witnesses, particularly Mkhwebane’s legal representative, lawyer Dali Mpofu.

There were also suggestions that some witnesses should be allowed legal representation during cross-examination.

The absence of Ms Mkhwebane and her legal representative over the next few days has given the Committee an early opportunity to reflect on its work to date.

During his cross-examination by Tebogo Kekana, a former chief investigator at the Bureau of State Security, Mpofu dismissed Kekana’s concerns that by answering certain questions he would jeopardize his case in the labor court. Mpofu said his client, the public protector, is in the same position as she faces criminal prosecution. He said Mkhwebane would also face a double jeopardy. That means she faces two charges for the same crime.

But Dyantyi tried to clarify this question. “There is no way the committee that we are or Parliament can make any finding or face civil or criminal liability. Neither the committee nor the parliament can send them to jail… there is a risk that the PP could face two criminal sanctions for the same criminal conduct.”

Some members have expressed serious concerns about the treatment of Witnesses.

They argue that the chairman should protect their dignity more and prevent their character from being challenged.

Doris Dlakude, deputy head of the African National Congress (ANC), says: “We must beware of insults. That cannot be tolerated. I think for us to have a fair trial, that has to be our main concern as well… So we can’t hurl insults if we can’t get our way.”

Kevin Mileham of the Democratic Alliance (DA) referred the committee to some of the committee’s policies regarding the treatment of witnesses.

Marie Sukers of the African Christian Democratic Party (ACDP) said it was important for everyone to remember that this was a parliamentary inquiry. But not everyone agreed on the need to be sensitive to the Witnesses.

GOOD Party sees it differently

Brett Herron of the GOOD party says it’s the nature of cross-examination and it’s harsh.

“We must remember that the PP is accused of serious misconduct. Violating the constitution, committing misconduct and being incompetent… If I represented the PP, I would do the same. Test the evidence as vigorously as I can based on the evidence I will bring.

Hearings are due to resume next Wednesday but could be delayed by another day as Mpofu has already indicated they won’t be ready by then.

VIDEOS | Mkhwebane Impeachment Inquiry discussing internal rules:

Members of parliamentary committee differ on tactics of cross-examining witnesses at hearing in Mkhwebane – SABC News

Source link Members of parliamentary committee differ on tactics of cross-examining witnesses at hearing in Mkhwebane – SABC News

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