Parliament is in a conundrum over how to deal with the Public Protector’s fitness to hold office. The DA wants to initiate a process to have Busisiwe Mkhwebane removed, after its first attempt was scuppered last year.
However, Parliament doesn’t appear to have the legal muster to do so. As it stands, it’s not enough for Parliament to boot Mkhwebane from the Public Protector’s office.
She’s already pointed out to the Legislature that right now, it doesn’t have to teeth to remove her, that’s because a process for the impeachment of a Public Protector needs to be established first.
Constitutional law expert, Professor Pierre de Vos says only once the rules are passed by Parliament, can it be determined whether Mkhwebane has breached her code of conduct.
“Although one wouldn’t need exactly the same kind of procedure that was prescribed by the Constitutional Court for the impeachment of the president, I do think that she has an argument that there should be special rules, and the fact that they are not there, would leave Parliament vulnerable to a legal challenge.
Parliament’s Justice Committee will meet on Tuesday to chart the way forward.
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Source: eNCA