Both Public Protector Lawrence Mushwana and his deputy, Mamiki Shai, have vowed to continue their legal tussle until one or the other apologises.
In a statement issued by his office on Monday, Mushwana said he had been approached by Kader Asmal, the chairperson of the special parliamentary committee appointed to probe operational problems in the protector’s office, ”with a view to encourage a settlement of the court action”.
”However, the Public Protector maintains that he will withdraw the legal action only if he receives an unequivocal apology from the deputy and the newspaper concerned for the allegations made,” the statement said.
In the absence of such an apology, or an alternative remedy from the committee, Mushwana had no other option but the courts to clear his name.
The statement quoted Shai saying it was true she had instructed her attorneys to file a counter-claim, ”which was based on the initial publications to which the Public Protector finds action”.
Shai was awaiting a public apology for ”the wrongful publications and it is on this basis that we can both consider putting the matter at rest”.
She trusted that the court would resolve the matter, Shai said.
Both parties were still waiting for a court date from the high court.
In its final report tabled last week, the committee said apart from the continuing legal action, it was satisfied that there had been progress in resolving the operation problems in the office.
”However, the committee reiterates that it is inconceivable that the two most senior office-bearers of an institution that enjoys constitutional protection and status and that is committed to resolving disputes between citizens and public authority, should persist in their intention to pursue legal action against each other,” the report concluded.
National Assembly speaker Baleka Mbete appointed the committee on August 1 last year after Mushwana wrote to her asking Parliament to intervene in a bitter dispute between himself and Shai.
Shai reportedly claimed staff had been sexually harassed by Mushwana, who in turn denied this, and described his relations with Shai as ”irreparable”.
Mushwana launched a high court case against Shai for defamation, and she responded with a counter-claim of defamation against him. — Sapa