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‘There’s been a vendetta against Mkhwebane’: Legal team

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The matter of the Public Protector challenging parliament’s rules on how to remove the head of a Chapter Nine institution is currently under way in the Cape Town High Court.

Parliament has drawn up new rules with regard to this, following the Democratic Alliance (DA)’s request for the Public Protector, Busisiwe Mkhwebane, to be removed from her position, citing incompetence.

The rules are applicable to all heads of Chapter Nine institutions. But Mkhwebane has challenged the rules, saying they are unconstitutional and invalid.

Her legal team is arguing for the process to establish a panel to investigate the possibility of removal should be suspended.

Advocate Dali Mpofu is representing Mkhwebane. He argues that impeachment proceedings can’t be implemented with invalid rules.

Mpofu maintains that there’s been a vendetta against Mkhwebane, talking about “how unfair it is for rules to be applied retrospectively.”

Mpofu says 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.”

The case, set out over two days, is being heard by a full bench of the Cape Town High court. The actual review of the rules will be argued in Part B of this case.

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