DA to call for removal of public protector

The Democratic Alliance (DA) yesterday said it would call for the removal of Public Protector Busisiwe Mkhwebane.

DA MP Glynnis Breytenbach cited an affidavit by the South African Reserve Bank (Sarb) in which it questions Mkhwebane’s independence after she allegedly discussed her “remedial action” to change the mandate of the Sarb with the Presidency’s legal advisors and the State Security Agency, without giving other parties, such as the central bank, the right of reply.

“This information has been revealed in annexures to the supplementary affidavit filed by the Sarb and clearly demonstrates that Mkhwebane does not operate in an impartial manner, but rather seems to take her orders from the Union Buildings,” Breytenbach said.

“The DA will, therefore, write to the Speaker of the National Assembly, Baleka Mbete, to request that this matter is dealt with by the relevant portfolio committee, in terms of Rule 337 and 338 of the National Assembly Rules.”

The constitution clearly sets out the conditions that have to be met before a public protector can be removed from office by the president. These include that a relevant committee of parliament should conduct an inquiry and only after a finding of misconduct, incapacity or incompetence is proven, could a resolution be put before the National Assembly, where a twothirds majority has to approve it.

The High Court in Pretoria last month set aside Mkhwebane’s recommendation calling on parliament to amend the constitution and change the Sarb’s mandate.