DA to give more evidence to fire Mkhwebane

The process of establishing an independent panel of experts to assess if there is a prima facie case to be made for public protector Busisiwe Mkhwebane’s removal has been delayed slightly.

The delay was caused by the withdrawal of the motion by DA chief whip Natasha Mazzone proposing proceedings be started to remove Mkhwebane from office. Mazzone submitted a new motion on Friday.

She said her first motion was withdrawn so that she could attach more supporting documentation to it. This was important, she said in an interview on Tuesday, as the panel of experts’ assessment of whether there is a prima facie case to be made against Mkhwebane will be based on information provided by the motion’s proposer. House rules do not allow the proposer to supplement the motion with more evidence later.

Mazzone said it was better to present a strongly substantiated case, even if this meant a slight delay. “One has the obligation to provide parliament with as much information as you possibly can,” she said.

The DA wants Mkhwebane removed as public protector as it believes she is unfit to hold office, that she has tarnished the credibility, authority and independence of her office, has consistently demonstrated an inability to conduct her work independently and has illustrated a poor understanding of the law and her mandate as public protector. The National Assembly has already adopted the rules for the removal of the head of a chapter 9 institution, including the public protector.

“The withdrawal of the DA’s motion, which was tabled in December 2019, means that the attendant process that subsequently ensued, which includes the establishment of an external panel of experts to conduct a prima facie assessment of the motion, falls away,” parliamentary spokesperson Moloto Mothapo said in a statement.

“Before the withdrawal of the earlier motion, the speaker (of the National Assembly Thandi Modise) was in the process of selecting qualified people to serve on the panel, and was due to announce their names by the end of this month.

“The speaker will now apply her mind to the new motion, to determine if it meets the requirements provided for in the rules of the Assembly, and make a fresh decision.

“The rules provide that if the motion meets the requirements, the next step would be to establish an independent panel of experts to make a preliminary assessment of the motion.

“The panel members, who are nominated by political parties and appointed by the speaker, must be three fit and proper South Africans who, collectively, have the legal and other skills and experience to do this assessment.”