Public Protector, Busisiwe Mkhwebane, is prepared to seek the court’s intervention to stop what she calls an unlawful process to remove her as head of this Chapter 9 institution. This after Parliament announced last week that office of National Assembly Speaker, Thandi Modise, has approved a motion to initiate proceedings for Mkhwebane’s removal.
Mkhwebane on Tuesday told the media that she is concerned that the parliamentary process was “unlawful” and “unconstitutional”.
"I am advised that the rules are unconstitutional. The rules do not provide for the principle of listening to both sides of the story. They breach the rights of heads of chapter nine institutions. There are both parties in the executive and legislature who have cases involving my office. The DA is involved in litigation against me about them accusing me of being a spy. The complaint by the DA has to do with issues that were drawn before the rules were written,” she said.
Mkhwebane said she had written to Modise to raise a concern about the process she believes is legally flawed.
“If the Speaker doesn’t respond, as I’ve indicated, we are engaging with the legal team who will then take other relevant actions to follow. I must indicate that I have stated in that letter that we can amicably resolve the matter, so I don’t think it will reach that particular level of engagement,” she told the media.
But the Democratic Alliance said the Public Protector does not understand the law.
“Mkhwebane’s latest statements only serve to prove how poor her understanding of the law is, underscoring the correctness of the DA’s call to have her removed as soon as due process allows. Parliament cannot and must not waiver in its commitment to proceed with the process it has set in motion. On our part, the DA certainly will not back down,” said the party in a statement.