DA slams Mkhwebane being let off the hook as a ‘white wash’

In a statement on Tuesday afternoon, DA chief whip John Steenhuisen hit out at the decision of parliament’s justice and correctional services portfolio committee about whether to expedite proceedings to remove Public Protector Busisiwe Mkhwebane.

The committee considered a draft report today on the DA’s request for the National Assembly to expedite the procedure to remove Mkhwebane in terms of section 194 of the Constitution.

UPDATE: Mkhwebane survives DA attempt to fast-track her removal

Steenhuisen said: “The draft report tabled and supported by the ANC coalition of corruption in-committee today found that that it would be premature for removal proceedings to be instituted against the public protector because it is the National Assembly that must determine that the public protector’s conduct renders her unfit to hold office and that this discretion cannot be replaced by the court’s view.”

He said the DA would now submit a minority report on the matter “as we continue our to fight to ensure that Chapter 9 institution office bearers be held to account by those they serve”.

The report followed the DA’s submission to the Speaker of Parliament in September 2017 and again in February 2018 calling for the initiation of proceedings to remove the public protector from office after the Gauteng High Court delivered judgment in the matter of Absa Bank Limited & Others v the Public Protector Case in which a “number of deeply pejorative findings” were made against Advocate Mkhwebane.

Steenhuisen pointed out that the court had found that Mkhwebane was reasonably suspected of bias; had not brought an impartial mind to bear on the issues before her; was found to have been so derelict in executing her duties that the court ordered that she, in her personal capacity, pay 15% of the costs of the SA Reserve Bank on an attorney and client scale, including the costs of three counsel; and in March 2018 her appeal was rejected by a full Bench of the same High Court, and these findings were upheld.

“Today’s committee recommendation is nothing new and the ANC will continue to shield their rank and file from the consequences of their actions.

“This draft report fails dismally to deal with the substantive merits of the matter as well as the substantive court findings made against the PP in this matter.

“It is patently clear that the PP is not a fit and proper person for this process and is unfit for office.”

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