Mkhwebane: Public protector likely to take impeachment report for review

With the Section 194 inquiry soon expected to wrap up its work into suspended public protector advocate Busisiwe Mkhwebane’s fitness to hold office, a legal expert is hinting that the PP might take the report – likely recommend impeachment – to court on review.

With most MPs serving on the committee having over the weekend deliberated over the four charges facing Mkhwebane and being unanimously scathing of how the public protector has conducted herself during her term, parliament can expect an impeachment recommendation when the report is tabled before the National Assembly.

The charges MPs voted to sustain were:

• Misconduct in the SA Reserve Bank (Sarb)/CIEX and Vrede Dairy matters;
• Incompetence on the handling of Vrede and Sarb; and
• Incompetence on victimisation of staff in the office, SA Revenue Service unit and Bosasa/ CR17 matters.

Commenting on the legal options available to Mkhwebane, University of Pretoria senior law lecturer Dr Llewelyn Curlewis said: “Mkhwebane can obviously approach the court for a possible review application after the final report of the Committee for Section 194 has been made available.

“From our experience, we know that it is likely to happen after Friday, which is the tentative date set by the committee for final deliberations and signing off of the report.

“I expect Mkhwebane and her legal team to peruse the content of the report, thereafter challenging the findings in a court of law by means of a review application.”

Since taking over from her predecessor, Thuli Madonsela, in October 2016, Mkhwebane’s turbulent tenure has been marked by bruising court defeats.

The MPs agreed with an earlier opinion by an independent panel that there was enough prima facie evidence of misconduct and incompetence shown by Mkhwebane in dealing with the four matters.

Committee chair Qubudile Dyantyi announced that the weekend deliberations would inform the draft and final report.

The final report would be adopted before being sent to Mkhwebane for her written response.

Despite promising The Citizen a response on her possible impeachment, Mkhwebane yesterday failed to comment.

“She will send a response to your inquiry – if not already sent,” said the head of her legal team, advocate Dali Mpofu.