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Mkhwebane’s challenge against Parliaments impeachment rules to be heard on Monday

  • Public Protector, Busisiwe Mkhwebane is challenging the rules of Parliament which provide a mechanism for incumbents of Chapter Nine institutions to be removed from office.
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Public Protector Busisiwe Mkhwebane’s challenge against Parliament’s impeachment rules will be heard in the Western Cape High Court on Monday.

The matter, expected to be heard by 3 judges, has been set down until Friday.

Last month, Western Cape Judge President John Hlophe withdrew from the case after the Democratic Alliance requested his recusal.

Hlophe was recently found guilty of gross misconduct by the Judicial Conduct Tribunal.

In October last year, the court dismissed Part A of Mkhwebane’s challenge which was a bid to stop her removal proceedings. This paved the way for Parliament to establish a 36-member committee to look into Mkhwebane’s fitness to hold office.
As part of Part B of her application, she wants Parliament’s new impeachment rules to be declared unconstitutional and invalid. The motion to impeach Mkhwebane was brought by the DA.
Meanwhile, the Judicial Services Commission will decide at the end of next month whether Hlophe is guilty of gross misconduct and should face impeachment.

The Economic Freedom Fighters was among the parties that did not support the establishment of the committee. The party’s Member of Parliament Natasha Ntlangwini said the rules were deliberately crafted with the Public Protector in mind.

“We are opposed to the recommendations by the panel. This House never had rules on the removal of Chapter 9 leaders.  These rules were made with the Public Protector in mind, a water-tight method to remove the Public Protector and no one else.”

Parliament votes on Mkhwebane’s fitness to hold office to proceed:

 

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