New rules will allow removal of public protector
PARLIAMENT will overhaul its rules to allow for the removal of the public protector after a request by the opposition to have Busisiwe Mkhwebane removed.
However, the national legislature has not indicated how long the process will take.
The chairperson of the justice committee, Bulelani Magwanishe, said yesterday he would write to Speaker Thandi Modise to inform her that it was urgent and that the rules needed to be developed as soon as possible.
Magwanishe said the first step was to write to Modise to ensure that she referred the matter to the rules committee to develop rules on the removal of the public protector.
MPs said they needed to develop a process to be followed so that they did not end up in court.
This followed the court action by former deputy director of public prosecutions, Nomgcobo Jiba, that stopped the same committee from axing her.
In overhauling the rules, Nomathemba Maseko-Jele of the ANC said the new process should look beyond the public protector and also include other Chapter 9 institutions.
Mangwanishe agreed that the overhaul of the process would affect other institutions that supported democracy.
“Those rules cover Chapter 9 institutions, all of them,” said Magwanishe.
Glynnis Breytenbach of the DA said they must indicate to Modise that the matter was urgent and that the rules committee had to meet soon.
“We support the resolution to refer the matter to the Speaker so that she can refer it to the rules committee,” said Breytenbach.
“But we would request to the Speaker with the necessary respect that the matter is very urgent.”
Breytenbach said that once that process was finalised they wanted the matter back with the justice committee to start the process of the public protector’s removal.
In a meeting of the programming committee last Thursday, Modise said that Parliament would have to ensure that new rules were developed for such situations.
She said that Parliament had a responsibility to do its work properly, without fear or favour.