National Assembly Speaker Thandi Modise says she will soon seek legal advice on how to proceed with the investigation into Public Protector Busisiwe Mkhwabane’s fitness to hold office.
This after the Western Cape High Court found that the appointment of a judge to the advisory panel of the Section 194 Committee which is dealing with the investigation was against the principle of separation of powers and some of the clauses of the new impeachment rules were unconstitutional.
It also said the rules should be amended to allow legal representatives to participate in the proceedings of the committee. However, the court dismissed Mkhwebane’s application to declare Parliamentary rules on the removal of heads of chapter nine institutions unconsitutional.
Parliament’s spokesperson Moloto Mothapo says, “Parliament is currently consulting its legal team who are still studying the judgement fully and will make a determination on the implication of this judgement on the independence and the manner in which it determines its internal processes. So the manner in which the Section 194 committee will proceed will be based on this legal advice.”
A report into Mkhwebane’s fitness to hold office expected to be finalised in 2021:
Meanwhile, the Western Cape High Court has dismissed Public Protector Busisiwe Mkhwebane’s application to declare Chapter 9 impeachment rules unconstitutional.
The court has, however, ruled that the rules should be amended to allow her legal representative to participate in the Section 194 committee hearings. It has also found that the appointment of a judge to the panel of experts that advises the National Assembly Speaker on whether there is prima facie evidence against a head of a chapter nine institution, offends the principle of separation of powers.
