Public Protector Busisiwe Mkhwebane has welcomed the Constitutional Court’s decision that she is entitled to full legal representation during her pending impeachment hearing in Parliament.
Earlier on Friday, the apex court ruled that the process could continue after dismissing the National Speaker’s appeal application that sought to restrict access to legal counsel to consultations only and not a full presence during the process.
The court also found that it was constitutional for a judge to form part of the expert panel that would be appointed to advise the National Assembly about the removal of a Chapter Nine institution office bearer.
Mkhwebane’s spokesperson Oupa Segalwe said: “The Public Protector welcomes the 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 chapter nine institutions to be represented by a legal representative of their choice in the event of impeachment proceedings.”
The second part, however, will not make Mkhwebane happy as she will now face an independent panel of three individuals, including a judge.
After the Public Protector’s bid to interdict the process in 2020 failed, the National Speaker appointed the panel chaired by retired judge Bess Nkabinde.
The panel found that there was prima facie evidence that Mkhwebane had committed misconduct and was incompetent to hold office.
‘VICTORY FOR THE PARTY’
At the heart of the two applications, which were considered by the Constitutional Court on an urgent basis, are the rules, which were adopted by the National Assembly in 2019 about the removal of heads of Chapter Nine institutions.
This development followed a motion first filed by the DA in 2017 when Mkhwebane still enjoyed some support from many political parties in the National Assembly.
Then only a few of her reports had been successfully challenged in various courts with adverse findings made against her.
However, with dozens of court decisions scolding her conduct even after that, including the Constitutional Court, Mkhwebane will struggle to garner favour from members of Parliament when she appears for her hearing.
The DA’s Natasha Mazzone said Friday’s judgment was a victory for the party in its fight to restore the independence of the office.
17-STEP PROCESS FOR REMOVAL
Although the motion to constitute the removal processes was initially rejected, in 2019 the National Assembly adopted it, giving rise to the formulation of the rules, which provide a 17-step process for the removal of an office-bearer.
This is on the grounds of incapacity, misconduct or incompetence.
But when Parliament settled on a three-person panel to advise it on Mkhwebane’s removal, she challenged the inclusion of a judge, stating 12 reasons, including that it would threaten the separation of powers principle and subject her to double jeopardy.
In its ruling, the Constitutional Court said that the Speaker of the National Assembly was obliged to consult with the Chief Justice before appointing a judge, thus guarding against perceptions of bias.
While on the issue of her legal representation, the court maintained that a reasonable and fair procedure required full legal representation, and that would not detract from holding her accountable.
Mkhwebane’s term of office comes to an end in October 2023 with the Constitutional Court saying in the unanimous ruling that any more postponements of the process ran the risk of bringing the administration of justice into disrepute.
In other news – Video: Shauwn Mkhize (MaMkhize) comes face to face with a wild tiger
MaMkhize aka Shauwn Mkhize is an astute businessman…and she’s also one fearless daredevil! The Kwa Mam’Mkhize star boasted about one of her scary encounters on social media – coming face to face with a wild tiger.
The reality TV star and Royal AM boss posted a video of her at a wildlife sanctuary in arms reach of the dangerous beast. Learn More
