National Assembly Speaker Thandi Modise says there is no legal basis for the Assembly not to implement the rules on the removal of heads of Chapter 9 institutions.
Parliament says Modise was responding to a letter received from Public Protector Busisiwe Mkhwebane who states that the rules on the removal of heads of Chapter 9 institutions are unconstitutional and unlawful.
This comes after Modise approved a motion by the Democratic Alliance (DA) which requested that a process be initiated for the removal of Mkwhwebane.
An independent panel of experts will conduct a preliminary assessment on whether there are grounds for the Assembly to proceed with the removal or not. Parliament’s Spokesperson Moloto Mothapo explains.
“The determination that the motion complies with the rules does not imply that a decision has been made, as to the required prima face assessments as the independent panel of experts is yet to be established. The National Assembly and the Joint Rules of Parliament safeguard against any risk of abuse of power or unfairness, including the inquiry process outlined in the new rules. Parliament’s processes also as well as the rules adhere to the rules of natural justice including the audi alteram partem rule and are informed by the relevant constitutional principles of fairness, transparency and accountability. Accordingly there exist no legal impediment or grounds for the Assembly not to proceed with the implementation of the new rules,” explains Mothapo.