ANC MPs resist Mkhwebane probe
ANC MPs appeared to be closing ranks around public protector Busisiwe Mkhwebane and against the DA’s call for parliament to initiate a process for her early removal from office.
But the opposition has warned that a failure to hold an inquiry into Mkhwebane’s fitness to hold office would be a dereliction of duty by parliament that would haunt the institution‚ as was the case with the Nkandla matter.
DA chief whip John Steenhuisen pleaded with the National Assembly’s justice and correctional services committee‚ saying he believed that sufficient grounds existed to‚ at the very least‚ warrant an inquiry into Mkhwebane’s fitness to hold office.
“It is my opinion that this committee‚ as the custodians of the oversight and accountability role entrusted by the constitution in this case‚ should discharge that role by allowing for an inquiry to assess the fitness of the current public protector to continue to hold office‚” Steenhuisen said.
“Failure to do so will be a breach of the responsibility entrusted to the National Assembly to exercise oversight and hold the public protector accountable.
“If the committee chooses not to do so and the public protector continues with her cavalier approach to the most basic fundamentals of the law‚ procedure and this parliament’s role, then the responsibility for these must shift from her office and to this parliament‚” he said.
Steenhuisen lodged a complaint with Speaker Baleka Mbete last year requesting that the National Assembly initiate procedures to remove Mkhwebane from office.
Mbete referred the matter to the justice and correctional services committee‚ but after much dilly-dallying, the ANC complement in the committee outvoted the opposition in rejecting the call to probe Mkhwebane’s fitness.
But as courts continued to find against her‚ Steenhuisen reiterated his call for her removal and the committee heard his oral submission yesterday.
He argued that Mkhwebane was incompetent and cited a number of court rulings where judges had found, among other things, that Mkhwebane had grossly over-reached her powers‚ had shown poor understanding of the law and of her own powers, and in another case was found to have sacrificed her independence and impartiality.
ANC members indicated that Mkhwebane was appealing against sections of certain court rulings and suggested that the committee may have to wait for the appeal processes to be finalised.
They also‚ one after the other‚ argued that in the very same courts‚ judges had given judgments which‚ when taken on review‚ were struck off.
“Would you say they are incompetent?” ANC MP Loyiso Mpumlwana asked.
He also suggested that Steenhuisen may be reacting to “an inflammatory statement” issued by Mkhwebane in which she labelled the DA’s criticism of her as unpatriotic.
The ACDP’s Steve Swart said a court had found the protector had acted disingenuously‚ meaning she had misled and had not spoken the truth – which was upheld on appeal by a full bench. – TimesLIVE