Lawyers for the Council for the Advancement of the South African Constitution (Casac) and Corruption Watch will get their turn on Wednesday in the case brought by Public Protector, Busisiwe Mkhwebane against the Speaker of the National Assembly.

The two organisations, who are not direct parties to the case, act as friends of the court.

Mkhwebane is challenging the rules of Parliament which provide a mechanism for incumbents of Chapter Nine institutions to be removed from office.

The Puublic Protector, through her lawyer advocate Dali Mpofu, has questioned the constitutionality of the rules.

Among the grounds for this is that the rules seek to amend the Constitution via the back door by adding gross misconduct as one of the grounds for her removal.

Update on Mkhwebane’s challenge against Parliament’s impeachment rules: 

She has also said the rules cannot be applied retrospectively because they had not been adopted at the time of her alleged misconduct.

The Public Protector has also questioned why the rules do not allow her to be represented by her lawyer in the proceeding of the ad-hoc committee that will investigate her suitability to hold office.

Advocate Mpofu will deliver his reply following the arguments of Casac and Corruption Watch.

A look at Tuesday’s proceedings: