Section 194 committee begins work this week
MINORITY parties will on Wednesday know whether they’ll be able to vote on the proceedings to remove Public Protector Busisiwe Mkhwebane.
The Rules Committee is set to meet tomorrow to discuss the special committee, which was established to determine Mkhwebane’s fitness to hold office.
Also under discussion will be the request by UDM leader Bantu Holomisa to National Assembly Speaker Thandi Modise that all parties be given the right to vote.
Holomisa could not be reached for comment yesterday to elaborate on the request by his party.
According to the IFP’s chief whip, Narend Singh, the establishment of the section 194 committee was a significant step in cementing democracy and promoting accountability.
“The first meeting could be to elect a chairperson and basically map out the work of the committee in the weeks ahead. The IFP also expects the committee to set out clear time frames.
“The issue of all minority parties being able to vote is the subject of a Rules Committee meeting to be held on Wednesday,” Singh said.
Freedom Front Plus leader Corné Mulder said for Parliament to act effectively with the section 194 committee, the number of committee members should be kept to a minimum.
“I’ll support the notion that the committee consists of 11 members – six from the ruling party and five from the opposition parties.
The five from the opposition parties accommodate the larger opposition parties. The current ruling at this stage is that all other parties will be represented on the committee … they will have members on the committee. Those members will be in the position to participate or ask questions. They just won’t be able to vote.
However, that’s not a problem, because the decision which the committee makes will be taken to the National Assembly, where all parties will have the same voting rights.”
Last month, National Assembly Speaker Thandi Modise revealed the 26-member committee that would inquire into Mkhwebane’s fitness to hold office.
Parliament spokesperson Moloto Mothapo said on March 16 the Assembly voted in favour of establishing the committee after adopting the report of an independent panel of experts – including retired Constitutional Court Judge Bess Nkabinde, who chaired the panel, advocate Dumisa Ntsebeza and advocate Johan de Waal – which recommended that such a committee be established.
The panel, which conducted an assessment of incompetence and misconduct, found that Mkhwebane had a case to answer.
According to the DA’s Natatsha Mazzone, the opposition needed a mechanism to remove the head of a Chapter 9 institution.
“The courts instructed us to create the rule, which is 194. We did that and then the DA brought forward a motion of no confidence against the public protector.
“That motion was supported by the ANC and some other political parties.
“We have experts in law, public admin and the rules of Parliament. We expect our members to act in a fair and impartial manner, listening only to fact and not getting involved in petty politics.”