latest news in South Africa

Public Protector Busisiwe Mkhwebane has lost yet another court battle.

Photo: Phando Jikelo/African News Agency(ANA)

Mkhwebane vs Parly: High Court rules AGAINST some impeachment rules

Busisiwe Mkhwebane is fighting tooth and nail against parts of Parliament’s rules used to possibly remove her from office

latest news in South Africa

Public Protector Busisiwe Mkhwebane has lost yet another court battle.

Photo: Phando Jikelo/African News Agency(ANA)

In what is considered somewhat of a victory for Public Protector Advocate Busisiwe Mkhwebane, the High Court in the Western Cape says some parts of Parliament’s rules on the removal of the head of a Chapter Nine institution are unconstitutional.

Mkhwebane had approached the court to challenge the constitutionality of her removal in the wake of a probe into her fitness to hold office.

In her judgment, Judge Elizabeth Baartman said it was undesirable to appoint a judge to be on the independent panel that assesses the motion against the head of a Chapter Nine Institution (in this case, the Public Protector’s office).

“The process is politically charged; the complaints emanate from scathing judicial rebuke,” Judge Baartman added.

A court victory for the Public Protector?

National Assembly Speaker Thandi Modise  appointed Justice Bess Nkabinde as chairperson of the panel along with Advocates Dumisa Ntsebeza and Johan De Waal, which determined there was prima facie evidence of incompetence and misconduct on Busisiwe Mkhwebane’s part. This is what paved the way for the probe into her fitness for office.

Mkhwebane’s application has succeeded on two key grounds — entitlement to be assisted by a legal practitioner and the exclusion of judges from the 3-member panel.

“It is of further concern that the judiciary is called upon to provide the NA with legal expertise that is readily available in the profession. As of late, the judiciary has come under attack for being partisan to political parties or factions. Judicial involvement in this process feeds into that narrative.”

Judge Elizabeth Baartman

The court victory comes as the Section 194 Committee has already met and adopted a draft programme, which would see the whole process conclude by January 2022.

The DA in parliament submitted the motion to institute removal proceedings against Mkhwebane back in February 2020, citing a number of scathing court judgements against her, particularly relating to some of her investigations including the Estina Dairy probe.