National Assembly Speaker Nosiviwe Mapisa-Nqakula says she has advised the committee inquiring into the fitness of Public Protector Busisiwe Mkhwebane to hold office to get legal opinion regarding a complaint by the Economic Freedom Fighters (EFF).
The EFF says Democratic Alliance (DA) MP Kevin Mileham is conflicted because he is the spouse of DA Chief Whip Natasha Mazzone, who sponsored the motion that led to the impeachment hearings.
Parliament’s legal services have indicated, however, that such an opinion has in fact already been dispatched to the secretary of the National Assembly.
They have gone further and provided an opinion in the committee on calls that all DA MPs should not take part in the committee.
This, they say, is because it was them who brought the motion for Mkhwebane’s impeachment.
Legal advisor Fatima Ebrahim says, “We disagree with that. It is unexceptional that political parties and their representatives in the NA [National Assembly] will express strong views on any matter. In this matter, there are parties that have expressed strong views for the removal and against the removal of the PP [Public Protector].”
“But the point remains that in this process, members need to apply their minds rationally to the fact and the evidence read against the rules in order to find whether the PP has indeed misconducted herself or is incompetent,” says Ebrahim.
Mkhwebane Impeachment Inquiry to discuss in-house rules:
Subpoena of President Ramaphosa by the Public Protector
President Cyril Ramaphosa’s legal team is in communication with the office of the Public Protector on the way forward.
On Tuesday, the chapter nine institution announced that it would not be affording the President another extension to respond to questions on the Phala-Phala saga.
In a statement, the office announced that the President missed the deadline again after it had granted him an extension earlier in July.
It remains to be seen, whether the President will submit his response to the Public Protector’s office or if the institution will subpoena him.
The video below is discussing President Ramaphosa’s subpoena: