Parliament’s rules for removal paper in progress

PARLIAMENT has moved closer to formulating rules for the removal of office-bearers of chapter nine institutions, including the Public Protector.

Yesterday, the rules committee was briefed on a discussion document prepared for the proposed rules.

“We highlight the grounds for removal of office-bearers – misconduct, incapacity and incompetence and findings by the committee of the National Assembly and the adoption of a resolution calling for removal,” said the secretary to the National Assembly, Masixole Xaso, during his presentation.

Xaso outlined the envisaged four-stage process the National Assembly has to agree on for the removal of office-bearers, including an independent panel that must undertake preliminary assessment of evidence before an inquiry into fitness to hold office.

DA chief whip John Steenhuisen said the process to remove the officer-bearers should not be not taken lightly.

“From time to time that office (public protector) makes rulings, findings and consequences that will have a serious impact on the government and could well be negative for it.

“It should not be easy to simply remove the public protector by public vote,” he said, before warning this could be a double-edged sword.

“The House must have a process to determine when the head of a chapter nine institution behaves in a manner that constitutes one of grounds for removal, and to allow them to answer the charges put to them and for robust deliberation,” Steenhuisen said.

He added that the process should have safeguards to prevent the arbitrary use of a majority vote to remove somebody “simply because you don’t like them”.

“We have got to be fair. We have got to be seen to be fair,” Steenhuisen added.

ANC deputy chief whip Dorries Dlakude said they agreed that rules should be established as per the order of the court regarding the removal of a president.

“After the rules are established, we would prefer to have a fair process that will stand the test of time,” Dlakude said.

“She proposed that the assessment of evidence be done by an independent panel, which could involve a retired judge or people with legal minds.

“We believe if it is done that way, the process will be fair. We want a fair process that will stand the test of time,” Dlakude said.

“Also, we are not here to deal with the incumbent or individual, but it will be a process that will also be binding to other chapter nine institutions so there is no need to waste time deliberating on the matter,” she added.

Other MPs called for a thorough process in the formulation of the rules so that the removal of office-bearers could not be challenged in court.

Calls were also made for the formulation of rules be thorough, to be fast-tracked and to include other independent institutions not falling within the category of chapter nine institutions.

After deliberations, National Assembly Speaker Thandi Modise said the draft proposals would be referred to a sub-committee for consideration.

She noted that there was a strong feeling that the matter be concluded as thoroughly and as quickly as possible.

“Can we make sure we are thorough and our process are not faulted in the end,” Modise said.