Suspended Public Protector Busisiwe Mkhwebane is participating in her impeachment hearings "under protest", her legal counsel, advocate Dali Mpofu, has told the Section 194 Committee.

On Monday, the hearings finally got under way, more than two years after a motion for such a process had first been lodged with the speaker of the National Assembly.

Mpofu said they were appearing under protest because there had been several constitutional violations.

"We represent a law-abiding citizen and Public Protector," he said.

He added that Mkhwebane had always made it clear that she wanted the opportunity to assure the committee and the nation that she was willing and able to do her job.

Her long and persistent court challenges to the process had been described as a Stalingrad defence, but Mpofu said this term was used by people who "hate the Constitution".

Mpofu insisted, "That's a very strange accusation. Every time she has raised concerns about this process, she has been proven right."

Several court rulings would suggest otherwise.  

Mpofu said what had been called "Stalingrad" was actually the "Public Protector assisting Parliament to do the right thing".

He also complained about Mkhwebane's suspension by President Cyril Ramaphosa on 9 June, and said the committee should be concerned about it.

"She is literally shackled!" he said.

Committee chairperson Qubudile Dyantyi pointed out that the committee was not a suspending body.

"It is wrong!" Mpofu said. "If this committee wasn't there, there would be no suspension."

Mpofu also said that they wanted a secret ballot.

He said Mkhwebane was "sabotaged" in preparing for the impeachment and her impending court case. 

However, he didn't deal with the substantive charges against the suspended Public Protector.

Evidence leader Nazreen Bawa opened proceedings by mentioning that the committee was the first of its kind in South Africa.

"This committee is not a court of law," she said. "There is no accused."

Bawa said the committee's rules had already passed constitutional muster:

That ship has sailed.

Mkhwebane listened quietly to proceedings, sometimes typing on her laptop or phone.  

Mpofu was still talking at the time of writing.

On Tuesday, constitutional expert Hassen Ebrahim will provide specialist testimony to outline the role of the Office of the Public Protector within the parameters of the Constitution and South African legislation.