Public Protector faces inquiry
But EFF challenges fairness of the process
THE battle over a process to set up an inquiry against Public Protector Busisiwe Mkhwebane gathered momentum yesterday after the DA called for President Cyril Ramaphosa to suspend her after MPs agreed to establish an inquiry.
But the EFF warned National Assembly Speaker Thandi Modise that they would head to court to challenge the decision by the House to set up an inquiry.
EFF leader Julius Malema and Floyd Shivambu questioned the process followed, saying it was riddled with irregularities.
Modise said that she had followed every legal requirement for MPs to vote on the matter. The national legislature had debated the motion with the ANC backing it.
The ruling party had an urgent caucus meeting where it discussed the issue. At the meeting ANC chairperson Gwede Mantashe read the riot act to the party’s MPs to support the inquiry, stating that its outcome would not be a fait accompli.
Modise said Parliament would now proceed with the inquiry after a majority of MPs voted in support of the motion. “The report of the independent panel will now be referred to a committee for a formal inquiry,” said Modise.
Shivambu said this was a predetermined outcome because the panel had already found Mkhwebane guilty.
The ACDP and IFP said Mkhwebane would have an opportunity to state her case before the inquiry. This was a necessary measure to ensure she gave her side of the story, they said.
ANC deputy chief whip Doris Dlakude said Parliament had followed the law in arriving at this process of setting up an inquiry.
She said an ad hoc committee would now be established.
“It is (before) that committee that the public protector will be given an opportunity to make her own representations to. We as the ANC are mindful that we are dealing with a matter of public interest. The ANC supports the motion to establish the multiparty committee,” said Dlakude.
DA chief whip Natasha Mazzone called on President Cyril Ramaphosa to suspend Mkhwebane.
“Three experienced legal experts – Justice Bess Nkabinde, advocate Dumisa Ntsebeza SC and advocate Johan de Waal SC – compiled a damning report which found a prima facie case for Parliament to institute removal proceedings against Mkhwebane. We are confident the report, which details over 10 000 pages of court rulings and representations by the public protector, is accurate and fair,” said Mazzone.
“We cannot allow further prolonged exposure to her incompetence and she should not be allowed to return to office after her sabbatical, pending the outcome of the inquiry.”
Shivambu said the process was unfair and a decision had already been taken after the panel found her guilty.
EFF MP Natasha Ntlanwgini said they would challenge the decision to set up the inquiry. She said the National Assembly had flouted the law.