Judges’ report on public protector due this week
It is a hugely important week for SA’s beleaguered public protector, Busisiwe Mkhwebane, as parliament will know this week whether there is a prima facie case of misconduct or incompetence against her. In 2020, DA chief whip Natasha Mazzone requested that parliament launch an inquiry into Mkhwebane’s fitness for the job. Mkhwebane went on sabbatical in January, on condition that she be available for the parliamentary process, which she initially tried, but failed, to halt.
It is a hugely important week for SA’s beleaguered public protector Busisiwe Mkhwebane, as parliament will know this week whether there is a prima facie case of misconduct or incompetence against her.
In 2020, DA chief whip Natasha Mazzone requested that parliament launch an inquiry into Mkhwebane’s fitness for the job after a series of devastating court judgments criticised her competence and good faith. In one case, for which she now faces perjury charges, Mkhwebane was found to have lied under oath.
Mkhwebane went on sabbatical in January, on condition that she be available for the parliamentary process, which she initially tried, but failed, to halt.
The first step of the process invoked by Mazzone was the investigation by a panel to determine whether there should be an inquiry into her fitness to hold office.
In November 2020, parliamentary speaker Thandi Modise announced the appointment of a panel made up of retired Constitutional Court judge Bess Nkabinde as chair, advocate Dumisa Ntsebeza SC and academic Johan de Waal SC to assess whether there is a prima facie case to justify an inquiry into Mkhwebane’s fitness to hold office.
They had to establish whether there was prima facie evidence to show that the public protector had committed misconduct, was incapacitated or was incompetent.
The panel held its first meeting on December 2 2020, after which it made a submission to Modise requesting that the 30-day period to conduct the inquiry be extended.
Modise then invoked relevant provisions of the rules of the National Assembly that enabled her to frame a rule to extend the deadline to 90 days.
“The panel has since completed its work and submitted its report to the speaker. The report will be made available in the week of 1 March 2021,” parliament said in a statement last week.
But it is not the only focus in parliament this week.
Parliament has labelled it a “hectic week” in which there will be questions put to the peace and security cluster of ministers, ’sessions members statements, to review and the 1994 Women’s Charter, consideration of bills and the budgetary review and recommendation reports.
Among the many committee meetings due this week is a joint sitting on Wednesday of the standing committee on finance and the select committee on finance for public hearings on the 2021/22 fiscal framework and revenue proposals.
The Budget Review was tabled by finance minister Tito Mboweni last week in which he set out the fiscal framework for SA over the medium term.
Also on Wednesday, the standing committee on public accounts (Scopa) will have a hearing on, among other matters, Eskom’s annual report for the 2019/2020 financial year. Scopa will also on Wednesday be briefed by the Special Investigating Unit on investigations into SAA and state-owned weapons manufacturer Denel.
It will also be an important week for the state, as trade unions are expected to table demands at the Public Service Co-ordinating Bargaining Council. These are for the next round of wage negotiations, with the state already set on a wage freeze over the next three years.
In Gauteng, premier David Makhura is set to face a motion of no confidence on Tuesday. He has been under fire over a range of issues including a procurement scandal relating to personal protective equipment.
The DA, which tabled the motion, called on the speaker of the provincial legislature, Ntombi Mekgwe, to allow for a secret ballot on this motion.
Meanwhile, the commission of inquiry into state capture will continue hearing evidence.
On Monday, the commission will hear evidence on Eskom from former group COO Matshela Koko.
Also on Monday, justice & correctional services minister Ronald Lamola and the minister of agriculture, land reform & rural development, Thoko Didiza, will brief the media on the cabinet-approved Land Court Bill.
The media conference will outline how the bill gives effect to the sixth administration’s contribution to the country’s land reform policy framework.