National Assembly Speaker Thandi Modise has not yet appointed an independent panel to establish whether there is prima facie evidence for the removal of Public Protector, Busisiwe Mkhwebane. This is according to Advocate Andrew Breitenbach, who is representing Modise at the High Court in Cape Town.
He is making submissions in the matter in which Mkhwebane is challenging the constitutionality of Parliament’s rules on how to remove the head of a Chapter Nine institution.
Proceedings are being heard in court on a virtual platform.
Mkhwebane’s legal team is seeking an interdict to suspend the implementation of any further steps in the removal process.
Breitenbach says it’s not clear when the panel will be appointed.
“As yet, the Speaker has not yet appointed an independent panel, which is the next step in the process of rules. But she is busy with that process and will continue unless interdicted by this honourable court.”
‘Vendetta against Mkhwebane’
On Wednesday, Advocate Dali Mpofu, who is representing the public protector, argued that impeachment proceedings can’t be implemented with invalid rules. He maintained that there’s been a vendetta against Mkhwebane, talking about “how unfair it is for rules to be applied retrospectively.”
Mpofu said that in terms of fairness, that includes the rule of bias, parliament’s rules will not pass constitutional muster.
“The rule against bias; it excludes someone who has an interest. It can come in many ways having conflict or having prejudged the issues before the court.”
