Chap­ter 9: new rules

The Citizen (KZN) - - News - Eric Naki

In an ap­par­ent move to em­power them­selves to be able to kick out Pub­lic Pro­tec­tor Bu­sisiwe Mkhwe­bane, par­lia­ment has adopted new rules on the re­moval of lead­ers of Chap­ter 9 in­sti­tu­tions.

The Na­tional Assem­bly has been work­ing on the rules since Mkhwe­bane dared Speaker Thandi Modise to fire her or face her wrath be­cause par­lia­ment did not have the power to dis­miss her.

While the con­sti­tu­tion dealt with the hir­ing of the pub­lic pro­tec­tor, it was si­lent on the pro­ce­dure for re­moval.

Ex­ist­ing Rules of the Na­tional Assem­bly and sec­tion 194 of the con­sti­tu­tion only set broad pa­ram­e­ters for the re­moval of of­fice bear­ers or com­mis­sion­ers in Chap­ter 9s, also known as in­sti­tu­tions sup­port­ing con­sti­tu­tional democ­racy.

Par­lia­men­tary spokesper­son Moloto Mothapo said in a state­ment that par­lia­ment had to start a process for new rules on what would con­sti­tute the grounds for mis­con­duct, in­ca­pac­ity or in­com­pe­tence.

They de­fined “mis­con­duct” as the in­ten­tional or gross neg­li­gent fail­ure to meet the stan­dard of be­hav­iour or con­duct ex­pected of a holder of a pub­lic of­fice, while “in­ca­pac­ity” in­cluded a per­ma­nent or tem­po­rary con­di­tion that im­paired a holder’s abil­ity to per­form his or her work and any le­gal im­ped­i­ment to em­ploy­ment; “in­com­pe­tence” in­cluded a demon­strated and sus­tained lack of knowl­edge or skill to per­form the du­ties ef­fec­tively and ef­fi­ciently.

How­ever, Mothapo said, the rules were not nec­es­sar­ily di­rected at the pub­lic pro­tec­tor but ap­plied to all Chap­ter 9s.

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