Ousting of public protector ‘premature’
PUBLIC Protector Busisiwe Mkhwebane has survived yet another attempt to oust her, with Parliament’s portfolio committee on Justice and Correctional Services adopting a draft report that recommended against removing her.
Mkhwebane’s office has been under scrutiny after a committee overseeing her functions received a formal complaint from DA MP John Steenhuisen, casting doubt on her fitness to hold office.
Committee chairperson Modipoane Mothapo said instituting proceedings to remove the public protector would be premature.
“It is the National Assembly that must determine that the public protector’s conduct renders her unfit to hold office. This discretion cannot be replaced by the court’s view, however pertinent,” said Mothapo.
“The committee noted that the legal proceedings related to the judgment are ongoing. As such, the committee is of the view that it would be premature for removal proceedings to be instituted against the public protector.” The committee also received a scathing response from Mkhwebane on the intention to remove her, saying there were no grounds on which to do so.
Mkhwebane slammed the reasons advanced by the DA for her removal, and demanded a public apology in a 25-page written response to the committee.
Among the reasons were adverse court rulings against her, including the finding that she overstepped her mandate when she recommended that the Constitution be changed to amend the Reserve Bank’s mandate.
However, MPs across the political spectrum say the outcome of the North Gauteng High Court judgment, which set aside her report, has cast more uncertainty on whether she is fit to hold the office of the public protector.
Six MPs voted in support of adopting the report, while the DA voted against it.
The DA did not vote with the ANC and EFF on the adoption of the draft report.
The EFF had previously supported the DA in its quest to remove Mkhwebane. However, the party changed its tune and voted with the ANC to adopt the report.
EFF MP Thilivhali Mulaudzi said: “We agree with the report, we checked the report and took a conscious decision that we, as the EFF, support the report.
“We are saying the public protector must be supported and stay in her office.”
DA MP John Steenhuisen said the party would submit a minority report on the matter to ensure that Chapter 9 institution office bearers be held to account by those they serve.
“Today’s committee recommendation is nothing new and the ANC will continue to shield their rank and file from the consequences of their actions,” he said.
“This draft report fails dismally to deal with the substantive merits of the matter as well as the substantive court findings made against the public protector in this matter.”