Court gives go-ahead for Mkhwebane impeachment
The Constitutional Court has given Parliament the green light to continue with the impeachment process against Public Protector Busisiwe Mkhwebane.
The Constitutional Court handed down a judgment on Friday - ruling in favour of National Assembly Speaker Nosiviwe Mapisa-Nqakula.
The apex court found that there is a prima facie case that Mkhwebane committed misconduct and was incompetent to hold office.
It further rejected Mkhwebane's allegation that the panel was biased or constituted illegally.
The rules provide for a 17-step process for the removal of Mkhwebane.
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Public Protector spokesperson Oupa Segalwe says the office welcomes the ruling that Mkhwebane is entitled to legal representation.
"The Public Protector welcomes the Constitutional Court's dismissal of the appeal lodged by the Speaker of the National Assembly and the Democratic Alliance against the judgment of the Western Cape High Court, which affirmed the right of Heads of Chapter 9 institutions to be represented by a legal representative of their choice in the event of impeachment proceedings to ensure fairness and compliance with the Constitution."
He says Mkhwebane is studying the rest of the judgment.
See judgement below:
(1/3) Judgment: Part of rule 129AD(3) which limits the right of a Chapter 9 institution officer-bearer’s to full legal representation during a section 194 enquiry for removal from office is irrational, inconsistent with the Constitution and is declared invalid.
— Constitutional Court (@ConCourtSA) February 4, 2022
(3/3) (CCT 257/21 and 259/21 Speaker of the National Assembly v Public Protector and Others and Democratic Alliance v Public Protector and Others) pic.twitter.com/K5nOrqBs53
— Constitutional Court (@ConCourtSA) February 4, 2022
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