Public Protector Busisiwe Mkhwebane is today expected to challenge Parliament’s rules on how to remove the head of a Chapter Nine institution in the Cape Town High Court.
The proceedings are expected to be heard virtually.
The court battle began in February after Mkhwebane filed an urgent court bid, seeking an interdict to halt the Parliamentary process to remove her from office.
Parliament adopted new rules, following a request by the DA for Mkhwebane to be removed from office.
The new rules are applicable to all heads of Chapter Nine Institutions.
In terms of the new rules, an independent panel of experts must be appointed – in consultation with MPs – to determine whether grounds exist for removal.
The panel has 30 days to conclude its work. Following the findings of the panel, an ad hoc committee will be set up, if necessary.
Mkhwebane challenged these rules in court earlier this year, arguing it’s unconstitutional and invalid, but it has been put on the back burner, largely due to the COVID-19 pandemic.
