Independent panel opens door for impeachment proceedings against Mkhwebane
Public Protector Busisiwe Mkhwebane could face an impeachment hearing despite numerous attempts to halt the process.
On Monday, Parliament confirmed that an independent panel had found there was sufficient prima facie evidence of misconduct against Mkhwebane.
The panel was established to conduct a preliminary assessment and make a recommendation on whether the claims against Mkhwebane would hold water.
The three-member independent panel, headed by retired Judge Bess Nkabinde, recommended that a committee of the National Assembly investigate or launch an inquiry into the public protector.
Mkhwebane would be the first head of a Chapter 9 institution to face an impeachment process.
"The findings, following the preliminary assessment, are that there is substantial information that constitutes prima facie evidence of incompetence,” says Parliament spokesperson Moloto Mothapo.
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“Examples of such incompetence are: the prima facie evidence demonstrating the PP's overreach and exceeding the bounds of her powers in terms of the Constitution and the PP Act; repeated errors of the same kind such as incorrect interpretation of the law and other patent legal errors; failure to give audi (right to be heard) to the affected persons; incorrect factual analysis; sustained lack of knowledge to carry out duties and/or inability or skill to perform the duties effectively and efficiently as required by the Constitution.”
"According to the panel these instances, cumulatively assessed, meet the threshold of prima facie evidence of sustained incompetence.”
The panel also found that there is sufficient information that constitutes prima facie evidence of misconduct."
The ball is now in the court of National Assembly Speaker Thandi Modise.
"The rules of the Assembly stipulate that once the panel has made its recommendations, the Speaker must schedule these for decision by the House. If the House decides the inquiry should go ahead, it must be referred to a special section 194 committee, for formal inquiry,” adds Mothapo.
"The Speaker must inform the President of any action or decision coming from the recommendations.”
The Democratic Alliance (DA) has welcomed the findings by the panel.
"We are pleased by these findings and urge Parliament to institute the removal proceedings against Mkhwebane without delay.
“During her tenure as Public Protector, the Courts have made damning findings against Mkhwebane, where her fitness to hold this vital post has been called into question numerous times," says DA chief whip, Natasha Mazzone.
"The DA believes that it is of the utmost importance that Mkhwebane be removed as Public Protector and that someone competent, credible and independent is appointed in this post to regain the public’s trust in this crucial Chapter 9 institution and to ensure that once again the interests of the vulnerable would be protected above the interests of the politically connected."
