‘They will try everything they can,’ says Mkhwebane as she fights her removal

Public Protector Busisiwe Mkhwebane is reportedly heading to court in an attempt to halt parliament’s investigation into her fitness to hold office.

Last week, Speaker Thandi Modise approved a motion received from DA chief whip Natasha Mazzone requesting that parliament initiate proceedings for Mkhwebane’s removal.

National Assembly adopted new rules concerning the removal of office-bearers in the institutions supporting constitutional democracy in December last year. These institutions include the office of the Public Protector.

The new rules expand on the broad parameters in section 194 of the Constitution (which provides for the removal of heads of chapter 9 institutions) and previous National Assembly rules.

As a result, DA’s draft will thus be considered in terms of these new rules.

In response, Mkhwebane said the process granted by parliament to remove her was unlawful and violated the Constitution. The office of the Public Protector also took to social media to clarify Mkhwebane had not been formally informed about parliament’s decision to remove her from office.

The Public Protector @AdvBMkhwebane has not been formally informed about the decision. She learned about it from news reports. She will comment in due course. https://t.co/XYaa3FPeHx

— Public Protector SA (@PublicProtector) January 24, 2020

In an attempt to halt the process, City Press reports that Mkhwebane intends to approach the courts after her and Modise could not reach an “amicable solution” on the matter.

Her court papers were being finalised, she told the publication, adding she was likely to challenge issues such as “proper consultation, adequacy, a fair hearing” and the independence of a panel set to be appointed to assess the motion against her.

“You have had serious comments by very high-profile people like ministers commenting about this public protector, so they will try everything they can. It is their strategy to make sure they are dealing with this person. Possibly until such time that I resign, because it is difficult to remove. But I will not resign,” she told the publication.

Modise has written to political parties to put forward proposed nominees to serve on the panel made up of “fit and proper” South African citizens.

“The rules stipulate that the panel must collectively have the necessary legal and other competencies and experience to conduct the assessment. A judge may be appointed to the panel but the Speaker must make such an appointment in consultation with the Chief Justice,” she said in a statement.

Parties have until 7 February to submit their recommended nominees, after which a panel will be appointed.

Within 30 days of its appointment, the panel must conduct and finalise a preliminary assessment on the motion proposing a section 194 inquiry and make a recommendation to the Speaker.

Also read: Hawks bare their claws as Busisiwe Mkhwebane’s woes continue to mount

(Compiled by Vhahangwele Nemakonde)

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