Committee presses ahead with Mkhwebane impeachment
Public Protector Busisiwe Mkhwebane has made a last-ditch effort to prevent her impeachment from proceeding in Parliament. The Constitutional Court last week effectively gave Parliament the green light to continue with the impeachment.
Mkhwebane must now be allowed legal representation when the hearings take place.
A report on the News24 site notes that the process does not have to start from scratch because the court found nothing unconstitutional had taken place in the process so far. This was confirmed by Parliament's legal services office, which told MPs on the committee that there is no court order preventing them from continuing with their work.
Mkhwebane subsequently responded, again asking Parliament to postpone its business.
‘The highest court has given a judgment, and we are following that judgment,’ said parliamentary legal adviser Barbara Loots. And legal adviser Sivwe Njikela said there was no legal impediment to the committee's work.
The Cape Times reports that DA MP Annelie Lotriet said since there was no rescission application, the committee should proceed with its work.
‘There is no impediment. I do not believe we should not accede to the request on the basis that an application will be filed,’ she said. 'There is absolutely nothing on which we will take decisions that will have an impact on what the court found,’ Lotriet said.
MPs from the DA, Good, FF Plus and ANC all agreed the committee should continue with its work.
There were no objections.
Business Day reports that the terms of reference provide for the proceedings to be open to the public and for there to be public participation.
The programme envisages the committee adopting its final report towards the end of September, and it will then be submitted to the National Assembly.
To pass a resolution to remove Mkhwebane from office requires a two-thirds majority.
Parliament will now start a process to appoint an external evidence leader for the impeachment inquiry.
Article disclaimer: While we have made every effort to ensure the accuracy of this article, it is not intended to provide final legal advice as facts and situations will differ from case to case, and therefore specific legal advice should be sought with a lawyer.
