Busisiwe Mkhwebane headed back to court
Public Protector Busisiwe Mkhwebane is not done trying to stop an impeachment inquiry against her.
She plans to take her next legal step in the Constitutional Court within the next two weeks.
Parliament’s Section 194 committee was unanimous on Tuesday that unless a court prescribes otherwise, it’s going ahead with plans to start leading in evidence in early May.
An inquiry into Busisiwe Mkhwebane’s fitness to hold office has been stalled for more than a year, as the Public Protector challenges the process in the courts.
In a back and forth of legal correspondence just hours before the Section 194 committee reconvened on Tuesday after a seven-month hiatus,
Mkhwebane’s lawyers informed Parliament of her next move.
Parliament’s legal advisor Siviwe Njikela said, “she intends to apply to the Constitutional Court for a rescission of certain parts of the judgment or order of the CC. On the basis of that intended rescission application, she made a proposal or a request to the Speaker and I suppose to the committee as well to adopt the same attitude as they had when the matter went to the Constitutional Court for an appeal in the first round.”
On taking legal advice, MPs weren’t inclined to halt plans once again.
ANC deputy chief whip Doris Dlakude said, “given the clarification by the legal services, ours is to proceed with the work of parliament as we are expected to.”
DA Caucus chairperson Annelie Lotriet said, “I think it’s clear there’s no application at this point, and I fully believe that this committee can proceed with its work, there’s no impediment and I don’t believe we should accede to a request on the basis that an application will be filed.”
With the Constitutional Court having found no legal impediment to Parliament proceeding with its impeachment inquiry, MPs have now adopted terms of reference and a programme.
Section 194 Committee chairperson Richard Dyantyi said, “I do want to make an appeal that we continue for us to stay objective in this process, but to play our oversight role.”
“I do want us to relegate all other matters that would reach debate into the house. So that the committee stays focussed on the task at hand. I know it’s your space to raise political issues. I think you will assist me if we just stay on course, in directing this inquiry in a proper manner.”
If there are no further delays, Mkhwebane could appear before the inquiry at the end of May.
The committee says it could be ready to present a final report to the National Assembly on its findings, by September.
Source: eNCA
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