President Cyril Ramaphosa has, in accordance with Section 194(3) (b) of the Constitution, removed Advocate Busisiwe Mkhwebane from the Office of the Public Protector on the grounds of misconduct and incompetence.
The removal of Mkhwebane follows the National Assembly (NA) debate and vote on the Section 194 committee report, which found her to have misconducted herself and that she was incompetent.
The National Assembly resolved with the requisite two-thirds majority that Mkhwebane be removed from the Office of the Public Protector for misconduct and incompetence. Section 194(3)(b) of the Constitution of the Republic of South Africa stipulates that when the National Assembly adopts a resolution for the removal of the Public Protector, the President “must” remove the Public Protector from office.
Accordingly, President Ramaphosa has informed Mkhwebane of the action to remove her from the Office of the Public Protector.
The Council for the Advancement of the South African Constitution (Casac) executive director, Lawson Naidoo said on Monday the removal of the head of a Chapter 9 Institution by Parliament, sets an important precedent.
The National Assembly voted in favour of removing Mkhwebane from office as the Public Protector. This after a recommendation by the Section 194 committee that Mkhwebane be removed due to misconduct and incompetence.
Source: eNCA
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