Parliament agrees on probe in to Mkhwebane

PARLIAMENT has resolved to conduct an inquiry into public protector Busisiwe Mkhwebane’s fitness to hold office, making her the first occupier of the office to be subjected to such a probe.

The decision to institute removal proceedings against Mkhwebane was taken by the portfolio committee on justice on Tuesday after MPs voted on the matter.

The removal proceedings against Mkhwebane stem from a DA request send to national assembly speaker Baleka Mbete by the DA last month, asking for parliament to probe the public protector’s suitability for the job, which Mbete referred to the justice committee for processing.

Although Mkhwebane was appointed by President Jacob Zuma on the recommendations of the national assembly, it is the justice committee that holds her accountable on her performance.

Mkhwebane, who assumed her position in October last year, has made controversial decisions and proposals since she took over from the highly respected Thuli Madonsela.

She dropped a bombshell when she told parliament to change the mandate of the SA Reserve Bank as part of her remedial action on an Absa/ Bankorp report.

The recommendations were deemed a remarkable breach of the constitutionally enshrined doctrine of separation of powers, which prohibits the three arms of the state from dictating to one other.

ANC MP and chairman of the justice committee Mathole Motshekga recused himself from the process, which could see Mkhwebane being removed from office.

Motshekga had proposed that the matter be send back to Mbete for parliament to set up an ad hoc committee to look into the matter but members of his committee insisted they were the right body to decide on Mkhwebane’s fate.

Motshekga said that should the committee be in favour of conducting the inquiry, he would likely have to recuse himself “as the remedial action by the public protector stated that parliament and the chairperson of the justice and correctional services committee should change the constitution to amend the powers and mandate of the South African Reserve Bank,” Motshekga’s statement said.

This view was supported by some members of the committee.

“However, after a short caucus, the majority felt that the committee is the correct forum/mechanism to deal with such an inquiry as it performed oversight over the work of the office of the public protector.” — DDC