Mkhwebane’s complaints don’t hold water

Public Protector Busisiwe Mkhwebane has indicated on a number of occasions that she only has a passing knowledge of the law. Now she’s complaining that parliament’s laying down of rules for the procedures to remove the head of a Chapter 9 institution (the office of the public protector is one) are unconstitutional … because she wasn’t consulted.

Constitutional expert Pierre de Vos calls Mkhwebane’s assertions “absolute nonsense” – and we agree.

The rules have nothing to do with any allegations against a Chapter 9 institution head, so she has no right of reply to them.

When such allegations are raised – as they will be when the Democratic Alliance’s motion to remove Mkhwebane is brought before parliament – she will have the opportunity to put her case.

Mkhwebane is clearly making a huge play for public sympathy as she and her supporters try to portray her as a victim and a martyr in the fight of justice, and even the rights of African people.

The reality is, we believe, that she is being used to fight a proxy battle against President Cyril Ramaphosa and his allies in the ANC.

And that is something the constitution does not condone.

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