Parliament inquiry into Busisiwe Mkhwebane’s impeachment moves ahead

The Parliamentary committee conducting an inquiry into Public Protector Busisiwe Mkhwebane’s conduct is moving ahead and has adopted its terms of reference.

This is despite Mkhwebane’s intention to apply to the Constitutional Court for a rescission application on its recent judgment, which cleared the way for Parliament to hold its inquiry.

The committee for the Section 194 inquiry met on Tuesday to get legal advice on the process.

Mkhwebane has written to Speaker Nosiviwe Mapisa-Nqakula about her intention to file a rescission application.

Parliament legal advisor Siviwe Njikela said Mkhwebane had implored Parliament to halt the process while she considered her rescission application.

“And again, that issue is raised that since there is an application that is pending, soon we should consider putting this process on hold in deference to that rescission application.”

He said added that: “I believe you were copied in that correspondence wherein the public protector made her intentions very clear that she intends to apply to the Constitutional Court for a rescission of certain parts of the judgment or order of the Constitutional Court.”

Njikela said Mkhwebane has not yet filed the application and the committee could continue with its business.

“As far as we are concerned, there are no legal obligations on Parliament to stop the process at this moment since there is no application or interdicts to stop the process.”

Committee members then moved ahead with the process and adopted the terms of reference.

“I really think that we should adopt these terms of reference. Quite frankly, I think we’ve been informed and I’m quite sure, but I can’t remember that specific case, that the Constitutional Court has indicated that Parliament has the right to decide on its own processes,” said committee member Dr Annelie Lotriet.

The committee has now finalized its programme and plans to call witnesses including Mkhwebane to give evidence.

-EWN

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