The Cape Town High Court has heard that it is imperative that Parliament should keep office bearers accountable. Advocate Andrew Breitenbach was making submissions in the matter where the Public Protector, Busisiwe Mkhwebane, is challenging the constitutionality of the National Assembly’s rules on the removal of the head of a Chapter Nine institution.
The proceedings were heard on a virtual platform.
Appearing for the Speaker of the National Assembly, Advocate Andrew Breitenbach, says it is a very important function of Parliament to keep office bearers accountable.
“One of the functions of the National Assembly is to hold Chapter Nine office bearers to account. If it believes conduct warrants removal, it will obviously have to in motivating that, reflect on the competence and integrity of such a person, based on the facts. That is something rules sanction and must sanction, otherwise, Parliament won’t be able to hold office bearers, among Chapter Nine, to account.”
Part of the argument of the Public Protector’s legal team was that she does not have sufficient opportunity to state her case. But Breitenbach has disputed this. He also said it is regrettable that Mkhwebane has said that the motion has nuisance value.
The Democratic Alliance had asked the court for a punitive cost order against Mkwhebane, whose legal counsel contended that the DA had a vendetta against her.
Mkhwebane’s legal team is seeking an interdict to suspend any further steps to be implemented in Parliament’s removal process.
The matter will continue next week after it was abruptly ended due to technical problems.
