Bye-bye, Busi – Parliament votes to impeach Public Protector

Parliament yesterday voted overwhelmingly for the impeachment of suspended public protector (PP), advocate Busisiwe Mkhwebane.

This marked the end of a turbulent era after marathon sittings spanning months of deliberations by a Section 194 inquiry and oral testimonies from 25 witnesses, coming at a cost of R160 million to the taxpayer.

This paves the way for the appointment of acting PP advocate Kholeka Gcaleka to take over the reins.

In terms of Section 194 (2) (b) of the constitution, it now only remains for President Cyril Ramaphosa to ratify parliament’s resolution to remove Mkhwebane.

In announcing the adoption of the resolution to remove Mkhwebane from office by a sizable 318 votes, with 43 against and one abstention, parliamentary speaker Nosiviwe Mapisa-Nqakula presided over the country’s first process to impeach a PP in the post-1994 democracy.

The voting followed the endorsement by most MPs in the National Assembly of the damning findings of the Section 194 committee report into Mkhwebane’s fitness to hold office – a matter she intends to take on review.

Among key findings contained in the report, Mkhwebane:

• Deliberately sought to avoid making findings against or directing remedial action in respect of certain public officials; and
• Failed to conduct her investigations and make decisions in a manner ensuring independence and impartiality.

Committee chair Qubudile Dyantyi, said the Public Protector South Africa was “one of the institutions set up for a very important purpose of supporting and strengthening our democracy”.

“The constitution provides that the PP be independent and only be subjected to the constitution and the law.

“Being impartial in exercising her performance and functions, without fear, favour and prejudice – displaying impartiality, dignity and effectiveness – is key.

“The PP, like other Chapter 9 institutions, is accountable to the National Assembly. Accountability is the cornerstone on which the constitution is built, a pillar that drives our constitutional dispensation.

“The drafters of our constitution placed limits to the exercise of power, compelling institutions and office bearers to work within the law.

“The committee has found itself in a situation – hopefully never to be repeated – where it had to hold to account the very person appointed to investigate impropriety and improper conduct in state affairs.

“The charges largely related to the handling of the SA Reserve Bank, the Vrede dairy project, failure to prevent fruitless expenditure in legal costs and failure to conduct investigations independently and impartially.”

Democratic Alliance (DA) MP Dr Annelie Lotriet said: “This is not what our citizens deserve… This was beyond any level of dignity, a reckless abuse of the taxpayer’s money.

“We are talking about millions (of rands) wasted by the public protector and her team during the hearings – all amounting to a staggering R160 million. If you add all this – including the legal costs, money we will not get back – it has been spent on frivolous and irrelevant arguments.”

She added: “As the National Assembly, we must learn from this episode and obtain clarity on what is reasonable legal assistance and to what extent the taxpayer’s money can be used for such purposes.

“If we look at the evidence that we have heard, it is clear that advocate Mkhwebane cannot proceed as a public protector.”

In support of Mkhwebane, Economic Freedom Fighters (EFF) MP Omphile Maotwe rejected the report “and the political witchhunt initiated by the DA and supported by the ANC alliance to punish advocate Mkhwebane in order to protect President Cyril Ramaphosa.

“As the EFF, we reserve our right to take this report and its illegal adoption on judicial review and we want all interested parties to join us in doing so.

“This entire process has been unfair and vindictive to the public protector when eventually she was not allowed access to a legal representative.”

The EFF, United Democratic Movement, Pan Africanist Congress of Azania, African Independent Congress, African Transformation Movement and Al Jama-ah voted against Mkhwebane’s impeachment.

Policy analyst Dr Nkosikhulule Nyembezi said Mkhwebane was “likely to go to court, with there being material benefit for her exit and remuneration”.

“In the process, she is likely to drop a bomb on Ramaphosa’s path.”