Mkhwebane’s parliamentary impeachment process resumes after delays
Public Protector Busisiwe Mkhwebane’s parliamentary impeachment continues in Parliament on Tuesday morning after months of delays due to court challenges.
The Constitutional Court recently gave Parliament the green light to move ahead with the process.
The committee for the Section 194 inquiry will receive a briefing by Parliament’s Constitutional and Legal Services Office on the Constitutional Court judgment and proposed way forward.
The Constitutional Court found two weeks ago that the Western Cape High Court was wrong when it declared unconstitutional the participation of a judge in the initial assessment because it violated the separation of powers.
The applications were brought by the Speaker of the National Assembly and the Democratic Alliance (DA) against Mkhwebane.
It’s been over a year since the process started but at no point has Mkhwebane appeared before the committee to face and respond to charges of incompetence.
Mkhwebane had argued that the inclusion of a judge in the parliamentary impeachment process went against the separation of powers.
While she scored a victory as far as legal representation was concerned, the impeachment process was not deemed to be unconstitutional by the courts and Parliament doesn’t have to start the process over.
On Tuesday, the section 194 committee will receive legal advice on the process going forward.
Mkhwebane’s future is now in Parliament’s hands again as the majority of members in the committee are expected to support calls for her removal.
-EWN
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