The parliamentary inquiry into Busisiwe Mkhwebane's fitness to hold office yesterday called in its first witness to give testimony on how the Public Protector must be ‘fit and proper’.

Constitutional expert Hassen Ebrahim addressed day two of the hearings on the founding values of the Constitution.

As previously reported, the suspended Public Protector has tried unsuccessfully to legally stop the inquiry for the past three years since the DA tabled a motion on her removal on the grounds of alleged incompetence and/or misconduct.

An independent panel found that Mkhwebane has a prima facie case to answer.

The move led to the National Assembly establishing the Section 194 committee a year ago. However, the committee only got to business this year after Mkhwebane mounted unsuccessful legal challenges all the way to the Constitutional Court.

Ebrahim told the inquiry it was critical that the Public Protector was defined as an organ of the state.

He said the office also has extensive oversight powers.

Ebrahim – who was involved in negotiations to end apartheid – also emphasised the need for a fit and proper person to occupy this important position, according to a report on the EWN site. 

‘A fit and proper individual must demonstrate absolute personal integrity, scrupulous honesty, must always be reliable, must show good faith, must demonstrate proper knowledge of and regard for the law. Must not misstate facts, conceal the truth or make unsubstantiated allegations,’ he said.

Full report on the EWN site