Former Constitutional Court Justice, Johann Kriegler, says he strongly believes Parliament should act against Public Protector Busisiwe Mkhwebane.
He was reacting to a report of an independent panel that found evidence of incompetence and misconduct on Mkhwebane’s part.
The panel, which released a report yesterday, has recommended that Parliament goes ahead with determining whether she is fit to hold office.
Justice Bess Nkabinde, Advocate Dumisa Ntsebeza and Johann de Waal were on the panel.
Kriegler says their report is credible.
“Independent panel acting in terms of the rules of Parliament has produced a report. I have seen their recommendations, they are perfectly clear. The Portfolio Committee should now take the matter to the floor of the house with a motion for the impeachment for the dismissal of Advocate Mkhwebane.”
Judge Johann Kriegler, Chairperson of Freedom Under Law comments on the issue:
PP badly treated?
Some South Africans have accused the governing ANC of badly treating the Public Protector because some of her reports have found some party leaders guilty of wrongdoing.
Mkhwebane’s has had damning findings against Public Enterprises Minister Pravin Gordhan, with President Cyril Ramaphosa’s CR17 bank statement seen by some as the final straw.
But the ANC says there’s no truth in the allegations.
ANC spokesperson, Pule Mabe, says the governing party does not want to have a cozy relation with any Chapter 9 institution.
“It’s not even desirable we are not looking for coziness from a Chapter 9 institution. It would be very wrong for us to even wish for that. These are independent institutions, they are established by the Constitution, and they are expected to strengthen constitutional democracy not to be cozy with political parties.
Actually, the moment they start doing that they will be acting in violation of their own mandate. So the Public Protector and whoever incumbent that occupies that office at any given time must act with utmost independence and never give a shred of doubt at how they conduct their work,” says Mabe.
Discussion on the process to remove the Public Protector: